Terms & Conditions
Terms & Conditions
The Agreements are legally binding and set out the terms and conditions upon which you may access and use the service via our web application: https://www.hoopers-tv.com/ (the “Web App”).
THE SERVICE IS A CONTENT SUBSCRIPTION SERVICE FOR ANDROID OR IOS DEVICES. AFTER SUBSCRIBINGYOU WILL BE CHARGED $ 7.99 (TAXES NOT INCLUDED) EVERY MONTH (BILLING PERIOD) AND THE EXACT PRICE WILL BE DEPENDENT UPON THE AGREED PRICEPOINT AT THE TIME YOU JOIN THE SERVICE (THE “FEE”). YOUR SUBSCRIPTION WILL BE RENEWED AUTOMATICALLY UNLESS YOU UNSUBCRIBE FROM THE SERVICE PRIOR TO THE END OF YOUR CURRENT BILING PERIOD USING THE OPTIONS SPECIFIED BELOW. THESE CHARGES WILL BE DUE FROM THE START OF YOUR SUBSCRIPTION AND MONTHLY THEREAFTER ADDEDYOUR MONTHLY CELLPHONE BILL WITH YOUR MOBILE VIRTUAL NETWORK OPERATOR (“MVNO”).
THE SERVICE IS ACCESSIBLE TO CUSTOMERS OF VERIZON MOBILE VIRTUAL NETWORK OPERATORS.
YOU MAY ACCESS THE SERVICE AFTER YOU HAVE SUCESSFULLY SUBSCRIBED AND PAID THE SUBSCRIPTION FEE UNTIL YOU UNSUBSCRIBE USING ANY OF THE FOLLOWING WAYS: A) BY CLICKING HERE: HTTPS://WWW.HOOPERS-TV.COM/MY-ACCOUNT AND FOLLOWING THE INSTRUCTIONS IN THE ACCOUNT SECTION TO UNSUBSCRIBE OR B) BY SENDING AN SMS WITH THE WORDS “STOP HOOPERS” to +1 234 261 1115 AFTER SUBSCRIPTION OR C) BY CONTACTING OUR CUSTOMER CARE TEAM USING THE CONTACT DETAILS NOTED BELOW IN THIS AGREEMENT.
Call our helpline without hesitation should you have any questions regarding any aspect of our service (please scroll down to the bottom of the Agreement to the section titled Customer Service).
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO READ AND ACCEPT THEAGREEMENTS BEFORE USING THE WEB APP.
BY USING THIS SERVICE, YOU ALSO AFFIRM THAT YOU A RESIDENT OF THE UNITED STATES AND ARE 18 YEARS OR OLDER OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THE AGREEMENTS.
If you do not agree to the Agreements, you may not use the services. In addition, you may use the services only if you can form a binding contract with Mobivillage, and only in compliance with the Agreements and all applicable local, state, national, and international laws, rules and regulations. If you are under 13 years old (“minor”) you may not use this site and/or the service at any time, in any manner or submit any information to Mobivillage or via the Web App. Please note that in some jurisdictions there are obligatory provisions in the consumer legislation that may be relevant to service provided under this Agreement.
1.1 Mobivillage SAS, registered with the Trade and Companies Register of Aix-en-Provence under number 430 325 811, with its registered office is located at 350 Rue Denis Papin – Parc De La Duranne – Domaine Du Tourillon – 13100 Aix-en-Provence – France. ( “Mobivillage” or the “Company”). The Company provides you a premium video service providing tons of content around NBA stars life outside the courts so that you can discover basketball stars as no fan has seen them before (the “Content”) for a flat monthly Fee on your supported cell phone accessed via the Web App (the “Service”).
In this Agreement references to “we”, “us”, “our” and any similar expression shall include the Company and any of its affiliates. This Agreement is to be entered into between the customer “you” and the Company ‘us’.
2. EFFECT OF THIS AGREEMENT
2.1 By signing up for this Agreement and/or by continuing to use the Service you acknowledge and confirm that you have read the Agreements and are bound by the entirety of the Agreements as well as any rules governing the Web App or Content provided on or via the Service. The Agreements will remain in full force and effect while you are subscribed to the Service. If there are any inconsistencies between any rules on the Web App and this Agreement, then the terms of this Agreement shall prevail.
2.2 We reserve the right to make any amendments to the Agreements or the Service and we encourage you to review the Agreements which are updated periodically (such updates shall be highlighted for visibility for a reasonable time) and are available at https://www.hoopers-tv.com/ or https://www.dgp-legal.com/data-protection-policy, respectively. Your continued use of the Service will be deemed to be your acceptance of any changes to the Agreements. If the modified Agreements are not acceptable to you, your only recourse is to cease using the Service (for further details on cancellation please see the Customer Service section stated below at the end of this Agreement).
3. YOUR REPRESENTATIONS
3.1 By seeking to subscribe to the Service and using the Service you hereby confirm to us that at all such times you:
a) are resident of the United States;
b) are aged 18 (eighteen) years or over or if not that you are 13 years or older and have obtained parental or guardian consent to enter into the Agreements;
c) are of sound mind and capable of taking responsibility for your own actions;
d) have the power to enter into a legally binding agreement (you are not legally barred from doing so for any reason) and you are the person whose details are provided in connection with your subscription to the Service;
e) are acting as principal and not on behalf of anyone else;
f) are the authorised owner of the cell phone which you provided when you completed subscription to the Service or you have consent from the account holder to subscribe to the Service.
g) are located in a jurisdiction in which such subscription to the Service and access and/or use of the Service is not unlawful or contrary to any applicable regulation. It is your responsibility to ensure that this is not the case.
3.2 Persons in violation of this Agreement are not entitled to access and/or use the Service and could be committing fraud and be subject to criminal prosecution.
3.3 You cannot use the Service unless you have first completed the subscription to the Service.
3.4 You hereby warrant to us that all information provided in your subscription to the Service and all personal data provided to us is complete, true and accurate and not misleading and that you will notify us immediately of any change.
3.5 You undertake to access and/or use the Service for legitimate and personal entertainment purposes only.
3.6 You undertake to abide by all applicable laws and regulations when using the Service and to be solely responsible for all matters arising from your use of the Service.
3.7 You undertake not to use the Service in any way which might infringe any rights of any third party or give rise to a legal claim against us by any third party;
3.8 You undertake not to damage, interfere with or disrupt access to the Service or do anything that may interrupt or impair its functionality (nor assist, encourage or permit any other person to do so).
3.9 You undertake not to obtain or attempt to obtain unauthorised access through whatever means to the Service or any part of it (nor assist, encourage or permit any other person to do so).
4. THE SERVICE
4.1 Age Limitations: the Service is not aimed at children. In the event that you are a minor natural person, you acknowledge and declare having obtained prior authorization from your parent or guardian to register and use the Service. The parent or legal guardian of a minor has agreed to bind the minor to the Agreements and to act as be the guarantor(s) of the minor user’s compliance with all the provisions of the Agreements and agree to fully indemnify and hold harmless Mobivillage for any breach by the minor of the Agreements.
It is the minor’s parent or guardian’s responsibility to determine which service is or is not appropriate for their minor(s) and to monitor their use of it.
If a minor is using the Service and does not have their parent or guardian’s permission, please contact us immediately (please scroll down to the bottom of the Agreement to the section titled Customer Service) so that we can disable their access.
4.2 The Service:
Service Description: Web App;
Service Access: https://www.hoopers-tv.com/;
Fee: $7.99 per month(depending on the campaign at the time of joining and your MVNO (mobile virtual network operator);
Taxes not included in the Fee and any change in the applicable legal VAT rate will be automatically reflected in the Fee for the Service on the date provided for by the applicable laws and regulations;
Payment Period: Monthly;
Termination: You may unsubscribe from the Service at any time by: a) sending “STOP HOOPERS” to +1 234 261 1115; b) by clicking here: https://www.hoopers-tv.com/my-account and following the instructions in the account section to unsubscribe or c) by contacting our customer care team using the contact details noted below in this agreement.
4.3 To access the Service you must ensure that your cell phone is compatible with the Service and that it is correctly configured for use. For Android devices, please find a list of those which support Flash Player https://www.adobe.com/devnet-apps/flashruntimes/certified-devices.html.
5.1 Before you are able to fully access the Service you will be required to subscribe to the Service in the following ways:
Web App: – By visiting the Web App https://www.hoopers-tv.com/ directly and following the instructions to subscribe to the Service. You are invited to subscribe to the Service by using the billing payment method of the MVNO. You may select the Content you require on the Web App or receive assistance from Mobivillage.
– By clicking on an advertising banner and following the instructions noted on the subsequent pages to:
i. confirm your cell phone number if required;
ii. click on the button e.g. “SUBSCRIBE” “” to complete your subscription= to the Service and receive an SMS with an activation code;
iii. then confirm your subscription using the activation code you received via SMS.
iv. Upon completion of the subscription to the Service we will confirm by SMS text message to the cell phone number which you provided, that you have successfully subscribed to the Service. Once your subscription to the Service is complete you will be able to use and/or access the Web App.
5.2 The subscription Fee for the Service is always mentioned at the point of purchase i.e. commencement of subscription period or on date of accessing the Service.
5.3 Following subscription to the Service you will be provided with access to the Service via https://www.hoopers-tv.com/ for the Web App. You may refer to the list of Content, at any time, via the Web App.
5.4 Transactions made using your registered cell phone number are accepted by us on the understanding that you are the account holder and that you are authorised to register this cell phone number, pay for and access the Service. If your cell phone is used by anyone other than yourself, we will accept no liability for the consequences or costs incurred from such misuse, or for the loss, theft, and misuse of your information.
5.5 You agree to be solely responsible at all times for all access and/or use of the Service. You are responsible for keeping all your user identification details, such as your name, surname, phone number (“User Data”) confidential. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of the Agreements and are in full compliance with the Agreements.
5.6 We reserve the right to disable any User Data whether chosen by you or allocated by us at any time if in our sole opinion you have failed to comply with any of the provisions of the Agreements.
5.7 We reserve the right to ask for proof of age documentation and evidence to verify your identity at any time (including any third party, which may keep a record of such information). We reserve the right to conduct checks against any of the details provided to us and to pursue this information through any channels and methods available to us. Failure to provide substantiated proof of age or other requested information will result in the suspension or termination of your subscription to the Service.
5.8 We reserve the right to refuse, suspend and/or terminate your subscription to the Service immediately and without consulting or notifying you or giving you reasons in the event that you publish, cause the publication of and/or send via the Service any actual or potentially defamatory, offensive or obscene language or material or if you violate, or are suspected of any violation of the Agreements, any applicable laws, regulations, codes or request of an MVNOs (mobile virtual network operators) and/or regulators or should we deem it in our best interests and/or other customers to do so.
5.9 It is your sole responsibility to ensure that at all times you comply with all laws and regulations with respect to the Web App and/or Content made available through the Service in any jurisdiction where you are located or are a resident and that you have a complete and unrestricted legal right to subscribe to the Service, access and/or use the Service in whole or part.
5.10 Use of the Service will be closely monitored to ensure that no customer is using the Service with a frequency or in a manner which might suggest that he or she is using it except solely for personal use or is using it on behalf of others, and we reserve the right to suspend and/or terminate the subscription to the Service if we consider or suspect that the Service is being used in this way.
5.11 If any of your User Data or other information relevant to your Subscription of the Service change you must inform us immediately by contacting using the contact information provided in the Customer Service section stated below at the end of this Agreement.
6. SUBSCRIPTION CHARGES
6.1 You may access the Service once you have subscribed to the Service, as detailed above. The Service is a subscription service offering unlimited access to the Content via the Web App while you remain subscribed to the Service. After subscribing you will be charged a fee of $7.99 per month (taxes are not included and the exact price for future users may vary, depending on the existing campaign at the time of joining and the MVNO) and your subscription will be renewed automatically (“Fee”). You will be provided with an exact Fee quote at the time of purchase and (where applicable) any change in the applicable legal tax rate will be automatically reflected in the price of the Service on the purchase dates in accordance with the applicable laws and regulations. The Fee will be due from the start of your subscription and then monthly thereafter. The Fee will be added to your monthly cell phone bill for the cell phone used to subscribe to the Service.
6.2 When choosing to pay by your cell phone account, you have either provided your cell phone number to a payment intermediary or you have agreed for your MVNO to pass your number directly to us. Your contract for the Service is with us and not with your MVNO. Your MVNO has agreed for us to simply charge the amount directly to your cell phone bill. Once this charge has been authorised by you, you must pay your MVNO the amount charged. You are therefore wholly responsible for checking that you are happy with the seller (us), price and the Service before making a purchase commitment.
6.3 When you purchase access to digital Content, you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge that you have lost the right to cancel. Fees paid for digital Content are non-refundable.
6.4 Auto-renewing Subscription. The Service is being provided as a recurring subscription which means it will renew automatically after the end of the specific monthly subscription period (“Billing Period”) unless and until a) you decide to opt out or unsubscribe from the Service prior to the end of your current monthly subscription Billing Period by i) clicking here: https://www.hoopers-tv.com/my-account and following the instructions in the account section to unsubscribe or ii) by contacting our customer care team using the contact details noted below in this Agreement; (b) we decline to renew your subscription; or (c) the Agreements are otherwise properly terminated as expressly permitted herein. The first subscription Fee (including any applicable taxes) will be charged on the date you purchase the Service and you will continue to be charged at the stated price (including any applicable taxes) at the beginning of each monthly subscription Billing Period while you remain subscribed to this Service irrespective of whether or not the Web App is actually accessed during any particular subscription period.
Additional MVNO data / internet charges may also apply. All prices stated and/or otherwise communicated to you are exclusive of sales taxes (where applicable) any change in the applicable legal vat rate will be automatically reflected in the price of the Service on the purchase date in accordance with the applicable laws and regulations
6.5. Recurring Billing. By accepting a recurring subscription to the Service, you have authorized us to charge you the subscription Fee then in effect at the beginning of each monthly subscription Billing Period, plus applicable taxes, directly to your cell phone bill.
6.6 If any subscription Fee is not paid on time, or we are unable to process your transaction, we reserve the right to suspend, disable, cancel or terminate your Service subscription.
6.7 When cancelling your subscription, all future charges associated with future months of your subscription will be cancelled. You may notify us of your intent to cancel at any time as describe above or elsewhere in this Agreement; your cancellation will become effective at the end of your current monthly subscription Billing Period. You will not receive a prorated refund, but you will continue to have access to the Service until the end of the term during which you cancelled the subscription. 6.8 You can access the Service until you send “STOP HOOPERS” to +1 234 261 1115” to at any time to out opt or unsubscribe from the Service. For further details on cancellation please see the Customer Service section stated below at the bottom of this Agreement.
7. CANCELLATION RIGHT AND REFUNDS
7.1 You can cancel your subscription to the Service at any time prior to the end of your current subscription Billing Period by i) sending “STOP HOOPERS” to +1 234 261 1115 at any time to out opt or unsubscribe from the Service; ii) clicking here: https://www.hoopers-tv.com/my-account and following the instructions in the account section to unsubscribe or iii) by contacting our customer care team using the contact details noted below in this Agreement.
You must cancel your subscription before it renews each Billing Period to avoid being billed the next Billing Period’s subscription Fee. Cancellation only applies to future charges associated with your subscription, and you will not receive a refund for the current Billing Period. Your cancellation will become effective at the end of your current Billing Period, and you will continue to have access to your subscription for the remainder of the Billing Period.
7.2 EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you cancel your subscription, you are not entitled to receive any refund for the time remaining in your Billing Periods, and you will continue to have access to your subscription until the end of your current Billing Period (unless we provide you with a refund). We reserve the right to issue refunds at our sole discretion on a case-by-case basis and if we issue a refund in one case, we are under no obligation to issue the same refund in the future.
8. ACCESS AND USE OF THE SERVICE
8.1 In order to access and/or use the Service follow the information shown on your cell phone’s screen to complete Subscription.
8.2 Any use of the Service by you is on an « as is » and an « as available » basis and the Service is provided by Mobivillage without implicit or explicit warranty of any kind (whether express, implied or statutory, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose), in particular with regard to the complete satisfaction of a customer.
8.2 No advice or information, whether oral or written, obtained by you from Mobivillage or through the Service will create any warranty not expressly stated herein.
8.3 You agree and accept that the Service is not a fault-free service and is for your own personal use and shall not be used for commercial purposes. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and user will be solely responsible for any damage to its or loss of data that results from such download or your use of the Service.
8.4 Your agreement with us will be null and void if we discover or suspect that you have in any way interrupted, deviated, tried to manipulate the outcome or tampered with any part of the Service.
8.5 We reserve the right to change the format of the Service (in whole or part) to enhance them, correct any defects or provide upgrades.
8.6 We reserve the right to record all telephone calls made to us and to monitor all information relating to the Service for which purposes you consent in accordance with the requirements of the applicable laws.
9. SPECIAL PROMOTIONS
9.1 We may from time to time run promotions including free news and/or content which is free to access, award prizes and provide you with marketing or promotional materials if you have completed your subscription to the Service. The rules of entry or access to any promotions will be displayed on the Service and may sometimes be restricted only to a first-time user.
10. VIRUSES, HACKING AND OTHER OFFENCES
10.1 You must not attempt or encourage the misuse of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack (“DoS”) or distributed denial-of-service attack (“DDoS”).
10.2 By breaking Clause 10.1 above, you would commit a criminal offence under applicable laws. We will report any such violation to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such violation, your right to use the Service will cease immediately without notice to you and without us incurring any liability whatsoever.
10.3 We will not be liable or responsible for any loss or damage caused by the DoS, DDoS, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of Content, or other material posted on or via the Service.
11. SECURITY POLICY
11.1 We will not rent, sell or share your User Data with third parties, however, we may pass on your details to relevant authorities or regulators if we and/or they wish to investigate or assist in the investigation of any suspected or alleged fraud or abuse of the Service or if we are required by law to do so, and any other anti-money laundering or applicable legislation.
11.3 If we have reason to believe that there has been or is likely to be a security breach or any other misuse of the Service we may suspend and/or terminate your subscription to the Service.
11.4 We are not obliged to monitor, detect or report any unauthorised use of the Service and you shall be solely responsible for all use of the Service made by you or anyone else using your User Data, for preventing unauthorised use of your User Data and/or cell phone and you are liable and responsible for all charges that are incurred as a result of any such unauthorised use.
11.5 If you believe there has been any security breach such as the disclosure, theft or unauthorised use of your User Data or cell phone you must notify us immediately by e-mailing us at:firstname.lastname@example.org .
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Ownership: the copyright, database rights and other intellectual property rights (“IPRs”) in any Content and/or other material displayed on or via the Web App as well as its features, which includes text, data, graphics, photographs, videos, animation, images and audio-visual content (the “Materials”) is owned by or licensed to us or the owners of third party websites or applications.
12.2 These IPRs are protected under the Federal and State laws of the United States , International treaties and all other applicable copyright and intellectual property laws. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Service in accordance with this Agreement. Any unauthorised distribution of the Materials or the IPRs is strictly prohibited, and legal action could be taken against any such person who makes unauthorized distribution. Where applicable, each third-party supplier of Materials has the right to assert and enforce the provisions of this Agreement directly on its own behalf as a third-party beneficiary.
12.3 Trade marks: our goods and/or service marks (which may include a name, word, phrase, logo, symbol, design, image, shape, signature or any combination of these elements) are and shall remain the exclusive property and trade marks of the Company. You shall not be entitled to reproduce such trade marks and/or associated logos without our prior written consent of the Company on each occasion.
12.4 You agree to use the Materials solely for your own personal, non-commercial use and specifically not for any business, commercial or public purpose.
12.5 The following activities are strictly prohibited (unless you receive our express prior written permission on each occasion):
a) any downloading, reproduction, modification, distribution or use of the Materials (except as otherwise permitted by this Agreement).
a) deployment within this Service of any spider, robot web crawler or other automated query program;
b) re-use and/or aggregation of any of the Materials in the provision of a commercial service;
c) transfer of any of the Materials to any other person or entity, whether commercial or non-commercial or distribution through peer-to-peer networks or any other file sharing platforms; and
d) public display and/or use of any Materials for any rental or sale purposes.
13. SUBMITTING INFORMATION
13.1 By subscribing to or purchasing this Service or Content you agree that we may (1) request your cell number or unique identifier from your MVNO (mobile virtual network operator) and (2) pass service data to MVNO payments intermediary Infomedia Services Limited, 7 Premier Court, Moulton Park, Northampton, NN3 6LF, (Co.Reg. No. 09174992, DPR Reg. No. Z7172656) for the sole purposes of (1) applying the charge(s) to your cell phone account, (2) meeting regulatory and MVNO requirements, or (3) providing customer support services relating to this Service.
13.2. You agree that the information supplied by you to us may be used by us or our affiliates for the following purposes which shall include but are not limited to: sending you messages, monitoring the use of the Service, if applicable sending you promotional materials and for marketing purposes and from time to time evaluating if we can improve our services for customers, unless you send an SMS with the words “STOP HOOPERS” to +1 234 261 1115 to unsubscribe from the Service.
14. OUR LIABILITY
14.1 The following provisions set out all our liability to you (including any liability for acts and/or omissions of our parent company, subsidiaries, associated companies, employees, agents and sub-contractors) regarding:
a) any violation of this Agreement, including, any deliberate personal repudiatory breach or any deliberate violation of these terms and conditions by the Company, or our employees, agents or subcontractors; and
b) any representation, statement or tortuous act or omission including negligence arising under or in connection with the Service.
14.2 Nothing in this Agreement excludes or limits our liability for:
a) death or personal injury caused by our negligence; or
b) any matter which it would be illegal for us to limit or exclude or attempt to limit or exclude our liability for; or
c) fraud or fraudulent misrepresentation.
14.3 We are not liable or responsible for anything out of our control including but not limited to any loss or damage that you may suffer or incur because of any act of God, power cut; trade or labour dispute, failure or any omission of any government or authority; delay, interruption, obstruction, or failure of telecommunication services; or any other cessation; delay or failure caused by a third party or loss or corruption of data. In such an event, we reserve the right to cancel or suspend the Service indefinitely and without notice or incurring any liability whatsoever.
14.4 All representations, warranties and terms (express or implied) not set out in this Agreement are excluded to the fullest extent permitted by law and we shall have no liability to you in respect of the same.
14.5 You agree to indemnify us and hold us harmless in full and on demand with respect to any liability, damages, costs or claims which we may suffer or incur arising out of or in connection with your or your authorised persons use of the Service.
14.6 Subject to Clause 14.2 above:
a) our total aggregate liability to you in respect of direct loss and damage and other direct liability, whatsoever (howsoever caused), whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Service shall be limited to the aggregate of with the lesser of USD$100 (one hundred United States Dollars) or subscription fees paid by you to Mobivillage hereunder.
b) your or your authorised person’s use of the Service is your responsibility and is entirely at your own risk and in no event shall we shall not be liable or responsible to you for any direct, indirect or consequential loss, damage(s) or liability (including without limitation, loss of profit, data, loss of goodwill, loss of contract or other information) or any claims for consequential compensation, loss or damage(s), whatsoever (howsoever caused)), which arise out of or in connection with the Service and any supplied Content or offers even if it was reasonably foreseeable and whether or not we have been previously made aware of it.
14.8 We make no representation or warranty about information or any other item(s) that may be accessed either directly or indirectly via the Service (save to extent expressly provided otherwise in the Service) and we reserve the right to make changes and/or corrections at any time to such information, without notice. We accept no liability for any inaccuracies or omissions (other than a fraudulent misrepresentation) in or from such information and any decisions based on such information are the sole responsibility of the visitor to the Service.
14.9 You agree that the exclusions of liability above and anywhere else in this Agreement are reasonable.
14.10 Your statutory or common law rights as a consumer (if any) are not affected by this Agreement.
15: EXPORT COMPLIANCE
Each party to this Agreement represents, warrants and agrees that neither it nor any of its subsidiaries, directors, officers or controllers is the subject of any embargoes, sanctions, trade controls, or investment restrictions imposed, administered, or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Commerce Department, the U.S. State Department, Executive Orders by the President of the United States, the United Nations Security Council, the United Kingdom, the European Union or any member thereof (collectively, “Sanctions”) and that all services shall comply with all applicable Sanctions and export control laws, including those administered by the US Department of Commerce Bureau of Industry and Security and the US State Department Directorate of Defense Trade Controls (“Export Controls”).
Without limiting the foregoing, you shall not and shall not permit other users to access or use the Content /or Service in violation of any Sanctions or Export Controls.
In the event that Mobivillage determines in its sole discretion that performing, or failing to perform, one or more of its obligations under this Agreement would be contrary to or required by any Sanctions or Export Controls, Mobivillage’s performance of, or failure to perform, such actions shall not constitute a breach of the Agreements by Mobivillage and Mobivillage shall not be liable to you or any third party, for any damages arising as a result of Mobivillage’s performance of, or failure to perform, such obligations.
16. GENERAL TERMS
16.2 We are an independent contractor. Nothing in this Agreement shall be deemed to create a partnership, agency or joint venture between you and the Company.
16.3 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights as a consumer under the Agreement. If you are unhappy with the transfer, you may contact us to end the Agreement.
16.4 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.5 Except as specifically stated in this Agreement, nobody else has any rights under this Agreement. The Agreement is between you and us. No other person shall have any rights to enforce any of its terms, except for our third party licensors/suppliers. The exercise of your rights and our rights, respectively, under this Agreement is not subject to the consent of any other person.
15.6 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.7 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.
16.8 Which laws apply to this Agreement and where you may bring legal proceedings: This Agreement, including any dispute or claim arising out of or in connection to this Agreement, shall be governed by the laws of the State of New York without regard to its principles of conflicts of laws. . Legal proceedings in respect of the Service can be brought the courts of New York, New York . You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. However, we retain the right to bring legal proceedings and/or may obtain injunctions, orders or other equitable relief in any jurisdiction where we believe that a violation of our IPRs (intellectual property rights) or any violation of this Agreement is taking place or originating. You waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders or other equitable relief. You are solely responsible for compliance with any applicable laws and regulations of the jurisdiction from which you are accessing or using the Service.
17. CUSTOMER SERVICE
17.1 We hope that you are pleased with the Service and that you will never have reason to complain, but if there is something you are not happy with, we would like you to tell us about it so that we can try to put matters right. Should you wish to make a complaint with respect to the Agreement or the Service please contact us as follows:
Mail to be sent to the following address:
Hoopers TV service,
2153 Coral Way #400, Miami, FL 33145, United States
A copy of our Complaints Procedure will be sent to upon request by you or in the event that you submit a complaint to us.
17.2 We encourage you to contact our Customer Care team using the details provided above in this of the section and we will attempt to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days from the date that any notice of dispute, claim, or controversy is sent.
Please read the following carefully. Mobivillage and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations but in the event that we are unable to resolve your complaint within 30 (thirty) days, then you and Mobivillage agree that any and all claims, except disputes relating to the ownership or enforcement of intellectual property rights, that either of us may have (whether based on past, present, or future events, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis) arising out of or relating to: (a) the Agreements (including formation, performance, or breach of them, and including the scope and enforceability of this arbitration provision) and (b) use of the Service, must be resolved through binding arbitration. Arbitration will be administered by JAMS Mediation, Arbitration, and ADR Services (“JAMS”) in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267. Please note that YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
As an exception to this arbitration agreement, Mobivillage agrees give you the right to pursue in small claims court any claim that is within that court’s jurisdiction, whether or not you discussed with us informally first, as long as you proceed only on an individual basis.
MOBIVILLAGE AND YOU AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. Without the prior written consent of Mobivillage, you and any other parties to the arbitration or proceedings no arbitration or proceeding can be combined with another.
Arbitration may be conducted in-person, by submitting documents, via telephone or online. Proceedings that cannot be conducted by submitting documents, via telephone or online, will take place in the State of New York. Please be aware that the arbitrator’s decision will be binding and final (except for a limited right of appeal under the U.S. Federal Arbitration Act) and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this clause shall be construed as consent by Mobivillage to the jurisdiction of any other court with regard to disputes not covered by the Agreements.
In accordance with the JAMS Rules, the party initiating (either you or Mobivillage) the arbitration is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (i) that award is greater than the amount of our last written settlement offer; or (ii) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
IF YOU ARE UNSURE ABOUT THE MEANING OF ALL THIS, THEN OF COURSE PLEASE FEEL FREE TO GET IN TOUCH WITH AN ATTORNEY.
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