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Hapioca Terms of Service Agreement

Updated September 30, 2008:

THE FOLLOWING DESCRIBES THE TERMS ON WHICH HAPIOCA OFFERS YOU ACCESS TO OUR WEBSITE, PLATFORM AND SERVICES:

Welcome to Hapioca, a social utility that connects you to people and keeps you active. Hapioca's on-line services which are available at the Hapioca Site will, among other things, help you find activities/services you are looking for by allowing you to get reviews from other Hapioca users, post and share reviews with Hapioca users, and view third party postings/reviews regarding similar activities/services. By using the Hapioca Services (as defined below) which are owned and operated by Hapioca, LLC ("Hapioca") and by accessing the Hapioca Site located at http://www.hapioca.com, and all linked pages owned and operated by Hapioca (the "Hapioca Site"), you signify that you have read, understand and agree to be bound by these terms of service, whether or not you are a registered member of Hapioca. We reserve the right, at our sole discretion to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Platform

Our Platform provides our users with a variety of resources not excluding the ability to facilitate and organize groups and trips. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Platform, including without limitation your participation in or involvement with any Hapioca Group or Trip (as defined in Section 6.1) and your submission of acceptable Public Information (as defined in Section 4 ("Personally Identifiable Information")). You also agree to comply with all applicable laws, statutes, ordinances and regulations regarding the transmission of technical data exported from the United States or the country in which you reside.

Membership

2.1 Eligibility. Our Platform is available to all individuals who are 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of Hapioca or use the Hapioca Site and Hapioca Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Hapioca Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Service. Membership in the Hapioca Service is void where prohibited by applicable law, and the right to access the Hapioca Site is revoked in such jurisdictions. You must be 13 or older to use the site, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Hapioca Site and/or Hapioca Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Hapioca website is administered in the US; any use outside of the US is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
2.2 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Hapioca cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.2.

Fees and Payments

3.1 General. Access to our website and use of selected features of our Platform is free. We may charge fees for various premium features and services that we offer. We may, in our sole discretion, change this policy and begin charging for access to our website and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service, we will establish the fees for that service at the launch of the service. If we impose new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.)
3.2 Consent to Disclosure. You acknowledge and agree that Hapioca may disclose your Personally Identifiable Information (as defined in Section 4) if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that your Personally Identifiable Information violates the rights of third parties; (d) protect the rights, property or personal safety of Hapioca, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.

Personally Identifiable Information

4.1 Definition. "Personally Identifiable Information" is defined as any information post or other material you provide (directly or indirectly), including through the registration process for a Group or Trip, or through the use of our Platform, in any public message board (including your personal profile section) or through email. You are solely responsible for your Personally Identifiable Information, and we act as a passive conduit for your online distribution and publication of your Public Information (as defined below).
Any of your Personally Identifiable Information that, through the use of our Platform or otherwise, you submit or make available for inclusion on publicly accessible areas of our website is referred to as "Public Information" (your name and location are considered Public Information); any other portion of Personally Identifiable Information shall be referred to as "Private Information." "Publicly accessible" areas of our website are those areas that are available either to some or all of our members (i.e., not restricted to your viewing only) or to the general public.
You should understand that your Public Information may be accessible by and made public through syndication programs (including data feed tools) and by search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
4.2 Restrictions. In consideration of your use of our Platform, you agree that your Personally Identifiable Information:
  • (a) shall not be fraudulent;
  • (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • (c) shall not violate any law, statute, ordinance or regulation;
  • (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
  • (e) shall not be obscene or contain, pornography, child pornography, or photographs of unclothed person(s);
  • (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • (h) shall not link directly or indirectly to any materials to which you do not have a right to link to or include.
In addition, you agree that you will provide us with your valid, current email address, both at the time of your registration with us and from time to time as your email address changes.
4.3 License. We do not claim ownership of Personally Identifiable Information. We will use Personally Identifiable Information only in accordance with our privacy policy. However, to enable us to use your Public Information and to ensure we do not violate any rights you may have in your Public Information, you grant Hapioca a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known, with respect to your Public Information.
4.4 Restriction on Use of Personally Identifiable Information. Except as otherwise provided in our privacy policy, we will not sell, rent or otherwise disclose any of your Personally Identifiable Information (as defined in our privacy policy) about you (including your email address) to any third party.

Use of Platform

5.1 Control. You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Hapioca may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Hapioca Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
5.2 API License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Hapioca does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
5.3 Grounds for Removal, Sanction and/or Suspension. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your account:
(a) The use of our Platform to (including, without limitation, eligibility requirements):
  • (i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform;
  • (ii) impersonate any person or entity (including Hapioca, Hapioca staff and other members), or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;
  • (iii) disguise the origin of any Public Information that is transmitted to any third party;
  • (iv) "stalk" or otherwise harass another;
  • (v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of Hapioca;
  • (vi) use for the primary purpose of that as a lead generator or listing service for another website;
  • (vii) resell Public Information or access to Public Information;
  • or (viii) collect or store personal data about other users; (b) Posting any Public Information or other material:
  • (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another's privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech;
  • (ii) that is obscene, pornographic or adult in nature;
  • (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • (iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy;
  • (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, "spam," "junk mail," and "chain letters");
  • (vi) that is inappropriate, posted in bad faith, or contrary to the spirit of Hapioca; or (c) Encouraging others to violate this Agreement;
    (d) Refusing to follow Hapioca staff instruction or direction; or
    (e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
Also, your posting of other inappropriate actions, Public Information or other materials may also warrant removal and/or suspension from our website. Hapioca reserves the right to remove any post or other material without warning or further notice.
While we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform and attend Hapiopa Group Meetings and/or Trips at your own risk.
For purposes of this Agreement, "posting" includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, Hapioca and its designees shall have the right to remove any Public Information or other material that violates this Agreement or is otherwise objectionable.
5.4 Interference with Platform.
You agree that you will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(b) interfere with or disrupt our Platform or networks connected to our website or through the use of our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our website or through the use of our Platform, or otherwise interfere with our Platform in any way, including through the use of JavaScript, active or other coding;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
(d) copy, reproduce, alter, modify, or publicly display any information displayed on our website (except for Personally Identifiable Information), or create derivative works from our website (other than from Personally Identifiable Information), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Hapioca or any other third party, except with the prior written consent of Hapioca or the appropriate third party.
5.5 General Practices Regarding Use of Platform. You acknowledge and agree that we may establish general practices and limits concerning the use of our Platform. You agree that we have no responsibility or liability for the storage or the deletion of, or the failure to store or delete, any of Personally Identifiable Information. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time. In addition, you acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Group Meetings and Trips

6.1 Hapioca Group Meetings and Trips. Through our Platform we provide tools that enable our users to arrange physical group meetings and/or trips at venues that include, but are not limited to, public parks, private homes or private enterprises (such as ski resorts or coffee shops). We do not supervise these Hapioca Groups or Trips ("Hapioca events") and are not involved in any way with the actions of any individuals at these Hapioca events. As a result, we have no control over the identity or actions of the individuals who are present at these Hapioca events, and we request that our users exercise caution and good judgment when attending these Meetings or Trips.
6.2 Release. Because we do not supervise or control the Hapioca Group Meetings/Trips or interactions among or between members of Hapioca and other persons or companies, and because we are not involved in any way with physical transportation to or from Hapioca events or with the actions of any individuals at Hapioca events, and because we cannot guarantee the true identity, age, nationality of Platform users, and because we have very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Platform you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and Hapioca Group and/or Trip Leaders and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Platform, your Third Party Transactions, our resolution of any disputes among users, and/or your transportation to or from, attendance at, or the actions of you or other persons at, a Hapioca event of any kind. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

Communications from Hapioca and Members of the Hapioca Community

7.1 Hapioca Communications. You understand and agree that we may send you certain communications, such as Hapioca service announcements and newsletters, as well as offers of sponsorship or promotion relevant and beneficial to you or your Hapioca Group or Trip, and that these communications are considered part of our Platform.
7.2 Communications with Members of the Hapioca Community.
Your Group or Trip Leader. By joining a Hapioca Group or Trip, you understand and agree that you may receive communication from your Group or Trip Leader and their designees in the normal course of utilizing our Platform. Your Leader's messages will be relayed to your email address through our Platform, which does not disclose your email address.
Hapioca Group Mailing List. You may receive email from other members of your Hapioca Group via your group's mailing list.
Hapioca Group Members. If you are an Group or Trip Leader, you agree to receive messages from individual members of your group.
7.3 Use of Pop-up Windows. Hapioca will not launch pop-up windows to advertise third-party products or services.
7.4 Other Users. We do not control the information provided by other users, which is made available through our system. You may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using our Platform. Please note there is a risk that you may be dealing with underage persons or people acting under false pretense.

User Disputes

You are solely responsible for your interactions with other Hapioca users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy

Hapioca collects registration and other information about you through the Platform. Our collection, use, and disclosure of this information is governed by the Hapioca Privacy Policy Statement available at http://www.hapioca.com/privacy.

Links

We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that Hapioca shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.

Dealings with Marketing Partners and Third Parties

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that Hapioca shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties on our website or located through the use of our Platform.

Indemnity

You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of our Platform, Personally Identifiable Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation as a Leader in Hapioca Group or Trip Meetings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at Hapioca Gatherings). Without limiting the foregoing, you, as a Leader, agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys' fees, made by any Hapioca Group member or third party due to or arising out of your actions as an Leader.

Warranties; Liability

13.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you "as is" and on an "as available" basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform.
In addition, no advice or information (oral or written) obtained by you from us shall create any warranty.
You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
13.2 Limitation of Liability. IN NO EVENT WILL HAPIOCA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, OR ARISING OUT OF OR IN CONNECTION WITH TRANSPORTATION TO OR FROM HAPIOCA GATHERINGS, ATTENDANCE AT HAPIOCA GATHERINGS, PARTICIPATION IN OR EXCLUSION FROM HAPIOCA GROUPS OR TRIPS, AND THE ACTIONS OF YOU OR OTHERS AT HAPIOCA GATHERINGS, EVEN IF THE COMPANY IS AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, 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."
13.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.

Modifications

We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.

Termination; Breach

You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account or your status as a particular Hapioca Group or Trip member or Leader, or your ability to use all or any portion of our Platform (including any APIs), for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.

Trademarks; Copyrights; Proprietary Rights

16.1 Hapioca's Trademarks. Hapioca trademarks and service marks, and other Hapioca logos, products and service names, are trademarks of Hapioca, LLC. Except as otherwise permitted by law, you agree not to display or use in any manner the Hapioca Trademarks without Hapioca's prior written consent.
16.2 Copyrights and Trademarks of Others. Hapioca respects the intellectual property of others, and we ask our users to do the same. To the extent Hapioca uses a trademark that is the property of a third party, Hapioca shall provide clear notice to anyone viewing Hapioca's use of that trademark that (a) Hapioca does not own the trademark and that the trademark is the property of a third party, (b) Hapioca has no affiliation, connection or association with that third party, and (c) if applicable, that third party has not approved or sponsored Hapioca's use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Postal Address:
Copyright Agent
Hapioca, LLC
548 Market St.
Suite 10905
San Francisco, CA 94104
Email: legal@hapioca.com

16.3 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by Hapioca or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Hapioca's Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service unrelated to the topic or spirit of Hapioca.

Additional Terms

18.1 Notices. Except as otherwise stated, any notice to us shall be given by certified postal mail to Hapioca, LLC, Attn: Legal Department, 548 Market St., Suite 10905, San Francisco, CA 94104, or by email to legal@hapioca.com, and any notice to you shall be given to the email address that you provided us during the registration process. Notice shall be considered given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice given by postal mail shall be considered given three (3) days after the date of mailing.
18.2 Entire Agreement. This Agreement constitutes the entire agreement between you and Hapioca, superseding any prior agreements between you and Hapioca. To the extent that you have previously registered with Hapioca and provided Personally Identifiable Information, this Agreement now governs how Hapioca may use Personally Identifiable Information, whether provided in the past or the future.
18.3 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Hapioca is intended or created by this Agreement.
18.4 Governing Law. This Agreement and the relationship between you and Hapioca shall be governed by the laws of the State of California without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within California between California residents. You and Hapioca agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California.
18.5 Assignment. You agree that this Agreement, all rights herein, and all incorporated agreements may be automatically assigned by Hapioca, in our sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of Hapioca's assets, or similar transaction.
18.6 No Guaranty. We do not guarantee continuous, uninterrupted or secure access to our Platform, and operation of our website may be interfered with by numerous factors outside of our control.
18.7 No Waiver. Hapioca's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
18.8 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Hapioca nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.
18.9 Survival. 4.3 (License), 5.4 (Interference with Platform), 6.2 (Release), 11 (Indemnity), and 12 (Warrants; Liabilities) shall survive any termination or expiration of this Agreement.
18.10 Limitation. You and Hapioca each agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or be forever barred.
18.11 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Disclosures; Violations

The Platform offered under this Agreement is offered by Hapioca, LLC, San Francisco, CA. Please report any violations of this Agreement by sending a notice of the violation to Hapioca by postal mail or email, as follows:

Postal Address:
Hapioca, LLC
548 Market St.
Suite 10905
San Francisco, CA 94104
Email: support@hapioca.com

By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.


 
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