Terms of Service
Welcome to krrunch.com – The official service from Hoopz Planet Info Pvt Ltd !
Hoopz Planet Info Pvt Ltd, referred as "Hoopz" hereafter in this document, Privacy Policy describes how we treat personal information when you use Hoopz's products and services, including information provided when you use krrunch. The following describes our Terms of Use practices for Hoopz and krrunch
1. Your relationship with Hoopz
1.1 Your use of Hoopz's products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Hoopz under a separate written agreement) by way of registration and/or subscription to Hoopz products, websites, software and services are subject to the terms of a legal agreement between you and Hoopz. "Hoopz" means Hoopz Planet Info Pvt Ltd, whose principal place of business is at Pune, Maharashtra, India. This document explains how the agreement is made up, and sets out some of the terms of that agreement including for this website www.krrunch.com owned by Hoopz Planet Info Pvt Ltd..
1.2 Unless otherwise agreed in writing with Hoopz, your agreement with Hoopz will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Hoopz will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Hoopz in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Hoopz in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that Hoopz will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Hoopz, or (b) you are a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
2.5 Interpretation
2.5.1 The singular includes the plural and vice versa;
2.5.2 Hyperlinks which are not operational, will not in any way detract from the validity and interpretation of the Terms;
2.5.3 Account means your subscription account for use of our Service;
2.5.4 Content means any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and applications;
2.5.5 Privacy Policy means our privacy policy, as detailed in the Privacy Policy link on our Site;
2.5.6 Service or Services means any content, product, software, downloads, website or other service which we may provide from time to time including (without limitation) the services described in these Terms; access to resources, provision of communications tools, forums, shopping services, search services, personalized content and branded programming;
2.5.7 Service Charges means our charges for Services as determined by us from time to time.
2.5.8 krrunch.com means the website which is owned and operated byHoopz Planet Info Private Limited - ("Company"), including any page, part or element thereof, which is located at/on http://www.krrunch.com
2.5.9 Subscribe means your act of subscribing to a Service in any way including (without limitation) in writing, through the Internet or by telephone, and subscription has a corresponding meaning;
2.5.10 Terms means the terms and conditions set out herein and includes the Additional Terms described in clause 4 below;
2.5.11 Third Party Service means any service or content, whether related or similar to our Services, which is provided by us in collaboration with a third party; or which is provided to us by a third party to enable us to provide the Services; or which may be used by you in conjunction with our Services;
2.5.12 Use includes (without limitation) accessing, retrieving, downloading, logging on to, contributing to, or viewing a Service, and user has a corresponding meaning;
2.5.13 User ID means any username, password, number or email address allocated to you or created by you when subscribing to or using our Services;
2.5.14 User Rules means our user rules set out in clause 28 below;
2.5.15 We, us and our means krrunch.com and its software (and, unless the context indicates otherwise, its owners, employees, suppliers, Internet Service providers, agents and affiliates); and
2.5.16 You means the user and subscriber subscribing/registering to this Service.
3. Language of the Terms
3.1 Where Hoopz has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Hoopz.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Provision of the Services by Hoopz
4.1 Hoopz may have subsidiaries and affiliated legal entities around the world ("Subsidiaries and Affiliates"). Sometimes, these companies will be providing the Services to you on behalf of Hoopz itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
4.2 Hoopz is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Hoopz provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Hoopz may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Hoopz's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Hoopz when you stop using the Services.
4.4 You acknowledge and agree that if Hoopz disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Hoopz may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Hoopz at any time, at Hoopz's discretion.
4.6 You acknowledge and agree that Hoopz may have its IPRs on softwares, designs, UI, source code, products for the services offered by Hoopz
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Hoopz will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Hoopz, unless you have been specifically allowed to do so in a separate agreement with Hoopz. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out by Hoopz Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Hoopz, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Hoopz has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Hoopz may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Hoopz for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Hoopz immediately at contact@hoopz.in available at ContactUs page of Hoopz krrunch website http://www.krrunch.com/contactus.html.
7. Privacy and your personal information
7.1 For information about Hoopz's data protection practices, please read Hoopz's privacy policy at http://www.krrunch.com/privacy.html. This policy explains how Hoopz treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Hoopz's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Hoopz (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Hoopz or by the owners of that Content, in a separate agreement.
8.3 Hoopz reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Hoopz may provide tools to filter out explicit sexual, violent or any other censored content identified at Hoopz descretion. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Hoopz has no responsibility to you or to any third party for) any Content that you create, transmit, upload or display while using the Services and for the consequences of your actions (including any loss or damage which Hoopz may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that Hoopz (or Hoopz's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Hoopz and that you shall not disclose such information without Hoopz's prior written consent.
9.2 Unless you have agreed otherwise in writing with Hoopz, nothing in the Terms gives you a right to use any of Hoopz's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Hoopz, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Hoopz's brand feature use guidelines as updated from time to time as put in that agreement.
9.4 Other than the limited license set forth in Section 11, Hoopz acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Hoopz, you agree that you are responsible for protecting and enforcing those rights and that Hoopz has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by Hoopz, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from Hoopz
10.1 Hoopz gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Hoopz as part of the Services as provided to you by Hoopz (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hoopz, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Hoopz, in writing.
10.3 Unless Hoopz has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11. Content license from you
11.1 You retain copyright and any other rights you already hold in Content (including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store) which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Hoopz a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Hoopz to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
11.2 You agree that this license includes a right for Hoopz to make such Content available to other companies, organizations or individuals with whom Hoopz has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Hoopz, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Hoopz to take these actions.
11.4 You confirm and warrant to Hoopz that you have all the rights, power and authority necessary to grant the above license.
12. Software updates
12.1 The Software which you use may automatically download and install updates from time to time from Hoopz. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Hoopz to deliver these to you) as part of your use of the Services.
13. Ending your relationship with Hoopz
13.1 The Terms will continue to apply until terminated by either you or Hoopz as set out below.
13.2 If you want to terminate your legal agreement with Hoopz, you may do so by (a) notifying Hoopz at any time and (b) closing your accounts for all of the Services which you use, where Hoopz has made this option available to you. Your notice should be sent, in writing, to Hoopz's address which is set out at the beginning of these Terms.
13.3 Hoopz may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Hoopz is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Hoopz offered the Services to you has terminated its relationship with Hoopz or ceased to offer the Services to you; or
(D) Hoopz is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Hoopz is, in Hoopz's opinion, no longer commercially viable.
13.4 Nothing in this Section shall affect Hoopz's rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Hoopz have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph
20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
14. EXCLUSION OF WARRANTIES
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT HOOPZ'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, HOOPZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOOPZ OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 HOOPZ FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOOPZ, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH HOOPZ MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE HOOPZ WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2 THE LIMITATIONS ON HOOPZ'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT HOOPZ HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1 It is Hoopz's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
16.2 Hoopz operates a trade mark complaints procedure in respect of Hoopz's advertising business, details of which can be found at Section 21.
17. Advertisements
17.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
17.2 The manner, mode and extent of advertising by Hoopz on the Services are subject to change without specific notice to you.
17.3 In consideration for Hoopz granting you access to and use of the Services, you agree that Hoopz may place such advertising on the Services.
17.4 Advertisements may be based on keywords and text/image/video/audio in content of any Hoopz application, website or service you use. Advertisements can be incorporated in any other information or content or app delivered to you on your device deployed with Hoopz software.
18. Other content
18.1 The Services may include hyperlinks to other web sites or content or resources. Hoopz may have no control over any web sites or resources which are provided by companies or persons other than Hoopz.
18.2 You acknowledge and agree that Hoopz is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3 You acknowledge and agree that Hoopz is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1 Hoopz may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Hoopz will make a new copy of the Universal Terms available at this same page and any new Additional Terms will be made available to you from within, or through, the affected Services.
19.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Hoopz will treat your use as acceptance of the updated Universal Terms or Additional Terms.
20. General legal terms
20.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
20.2 The Terms constitute the whole legal agreement between you and Hoopz and govern your use of the Services (but excluding any services which Hoopz may provide to you under a separate written agreement), and completely replace any prior agreements between you and Hoopz in relation to the Services.
20.3 You agree that Hoopz may provide you with notices, including those regarding changes to the Terms, by email, regular mail, sms, or postings on the Services.
20.4 You agree that if Hoopz does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Hoopz has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hoopz's rights and that those rights or remedies will still be available to Hoopz.
20.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
20.6 You acknowledge and agree that each member of the group of companies of which Hoopz is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20.7 The Terms, and your relationship with Hoopz under the Terms, shall be governed by the laws of the Republic of India without regard to its conflict of laws provisions. You and Hoopz agree to submit to the exclusive jurisdiction of the courts located within Pune, Maharashtra, India to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Hoopz shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
December 01, 2011
21. Hoopz trademark policy
Hoopz recognizes the importance of trademarks. Our Terms and Conditions prohibit intellectual property infringement by advertisers. Advertisers are responsible for the keywords they choose to generate advertisements and the text that they choose to use in those advertisements.
Hoopz takes allegations of trademark infringement very seriously and, as a courtesy, we investigate matters raised by trademark owners. Trademarks are territorial and apply only to certain goods or services. Therefore, different parties can own the same mark in different countries or different industries. Accordingly, in processing complaints, Hoopz will ask the trademark owner for information regarding where the mark is valid and for what goods or services. Please note the following about our complaint process:
- The trademark owner doesn't need to be a Hoopz advertiser in order to send a complaint.
- Any such investigation will only affect ads served on or by Hoopz.
- Hoopz's trademark policy only apply to sponsored links.
- Because Hoopz is not a third-party arbiter, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar ads running via other advertising programs.
Trademark Policies in Sponsored Links
Below, you can find information on our trademark complaint procedure across different regions as well as on our advertiser authorization procedure.
Trademark owners may submit either a specific or general trademark complaint. A specific complaint means that we will investigate a trademark term in specific advertisements only. The trademark owner is required to provide the exact URLs in question, and we will not investigate the trademark in any other advertisements. A general complaint means that we will investigate the trademark in all relevant advertisements. The trademark owner does not need to provide the specific URLs in question. However, if there are specific advertisers that are authorized to use the trademark, the trademark owner is required to provide the corresponding customer IDs or login emails.
Authorize advertisers to use trademarks
If we have processed a complaint for a trademark, advertisers using the mark in the regions and industry of the trademark owner will have their keywords and/or ad text disapproved according to the processes outlined above. If an advertiser has been restricted from using a trademark and disagrees with the owner's assertion of exclusive rights or believes he has a right to use the mark, we encourage the advertiser to contact the trademark owner directly and request permission to use the trademark. If the trademark owner (or contact person listed on the trademark complaint) provides Hoopz with an authorization, the advertiser will be able to use the trademark in his ad campaign. Please note that the trademark owner may change or rescind the authorization at any time. As such, please review the below criteria to determine whether you are eligible to submit an authorization request form.
- We only accept authorization requests directly from the trademark owner or from the contact person listed on the trademark complaint. We are not able to accept requests from regional branches or subsidiaries of the trademark owner, unless they are the contact person listed by the trademark owner.
- We only accept non-conditional authorization requests. Therefore, please do not include conditions for which the trademark may only be used, such as time period or type of ad content. We are only able to prohibit or allow all use of a particular term by an advertiser. Trademark owners may revoke the authorization at any time.
Counterfeit Goods Complaint in Sponsored Links
Hoopz's Counterfeit Goods policy for Sellers selling Counterfeit goods
Hoopz prohibits the sale or promotion of counterfeit goods. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner, or they promote the goods as faux, replicas, imitations or clones of the original product.
Counterfeit vs. Trademark Policy:
Our counterfeit policy concerns the actual goods promoted on the site in question, whereas our trademark policy concerns use of the trademark in the ad text or keywords (in certain circumstances) in the ad itself.
We will investigate all reasonable complaints; our actions may include disapproving or disabling ads and/or terminating advertisers. Any such investigation and action will only affect ads served on or by Hoopz.
Please note that, upon request and approval, a complainant's contact details may be forwarded to the affected advertiser(s).
If you have concerns about the sale of counterfeit goods in ads, please contact us at ContactUs page.
22. General rules
You agree that, when you use our Services, you will not:
- do anything which violates any of the Terms;
- Spam our Communication Facilities;
- make any Misrepresentation;
- post, upload or transmit any Abusive Content by means of our Communication Facilities;
- replicate or store Abusive Content on any of our servers;
- do anything that does not comply with generally accepted Internet etiquette including (without limitation) the excessive use of capitalised text, the use of inflammatory or antagonistic criticism ("flaming"), or wastefully and unnecessarily including previous communications in any postings;
- commit Fraud;
- violate or infringe the Intellectual Property Rights, contractual or fiduciary rights, privacy or publicity rights of another;
- perform System Abuse;
- propagate, distribute or transmit Destructive Code, whether or not damage is actually caused thereby;
- repeatedly post gratuitous off-the-topic communications;
- read and act upon any communication which was not intended to be received by you or fail to delete such communication;
- gather personal or commercial information including (without limitation) email addresses and/or names from any Internet facilities, whether managed by us or by any third party, for commercial, political, charity or any other purpose without the consent of the owners of such information;
- reproduce, replicate, copy, alter, modify, create derivative works of or sell or re-sell any of: - our Services or any part thereof including (without limitation) websites and web pages, or any Services that constitute the provision of telecommunications Services in terms of applicable legislation; or - the information or data contained in our Services;
- use robots, spiders, or any other device, be it automated or manual, to monitor or copy any content from the Services;
- use any of our Services for commercial purposes other than those provided for hereunder, including (without limitation), reformat and display the results of a search; mirror our home page or result pages on your website, or add a Krrunch.com search box on your website (If you want to make commercial use of our services, you are required to enter into an agreement with us);
- repeatedly or in a rapid manner transmit Content in such a manner as to have the effect of harassing a recipient;
- transmit Content that you do not own or do not have the right to publish or distribute, whether under law or contract;
- access any of our Services or any similar service of a third party or any network without authorisation or through hacking, password mining or any other means;
- perform or encourage any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
- fail to comply with applicable domestic, national and international laws, rules and regulations;
- send automated queries to our System without our express prior consent, including (without limitation) meta-searches and performing off-line searches on our System;
- disrupt the normal flow of dialogue or negatively affect the ability of other users
- to engage in real time exchanges;
- help any third party to do any of the above.
23 Third party use rules
When you access or use a third party site or service by means of our Services, you will comply with all rules of use (if any specified) of the third party Service in addition to these User Rules. To the extent that there is a conflict between the third party's rules of use and our User Rules, you are expected to conduct yourself in the manner that is least prejudicial to our interests.
24 Enforcement of User Rules
Should we consider you to be in breach of any of the User Rules, then we may, without prejudice to any other rights which we may have under these Terms or in law, to:
- give you a warning;
- without notice, stop or suspend your registration and/or Subscription to or use of any or all Services; and/or
- disclose any of your Personal Information to persons affected by your conduct.
25. Additional Definitions
In these User Rules:
- Abusive Content means content (including without limitation words and images) which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which any kind of pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
- Destructive Code means any computer code which:
- is designed to disrupt, disable, harm, or otherwise impede in any manner the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
- would disable any software, hardware or network or impair in any way its operation based on the running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
- would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); and
any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such software, hardware or networks of any person to cease functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations; "
- actions designed to deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance;
- impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose;
- altering the content of communications received by you and thereafter forwarding same to others without indicating the nature of the alterations; and
- forging or otherwise manipulating origination details and data on any electronic data message generated by our Communication Facilities with a view to disguising or deleting the origin of anything posted or transmitted using our Communication Facilities including, without limitation, the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" and/or any other software or hardware methods used to disguise or misrepresent your own IP address;
- damage, impair, overburden or disable any system of any person (including us) using our Services;
- interfere with any other person's use of the Internet or of our Services;
- compromise or tamper with the security of our or any other person's software, hardware, systems, networks or Services including (without limitation) Spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( e.g. "bots", "fserv" or "script"), nuking and nuking tools (e.g."7th Sphere").
26. Addresses
You select as your address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using a Service.
We may send you any notices (other than legal process) by email
You will notify us of any change of address or edit your profile for updates.
We select as our address for the purposes of receiving legal process and notices the address specified at our website.
27. Indemnity
You indemnify us against all liability, claims, damages, loss or costs or expense of any kind or nature suffered by us or instituted against us by a third party howsoever arising from:
27.1 your subscription to or use of a Service; or
27.2 your breach of the Terms.
28. Downloads
We (or the appropriate third party) retain all Intellectual Property Rights to downloads.
1. You will not, unless with our express consent or that of the third party author:
2. sell or otherwise transfer any downloads to any third party;
3. appropriate the downloads in whole or in part for whatever purpose;
4. decompile or reverse engineer the downloads, or reduce the downloads to any format other than the format in which they were delivered;
5. incorporate the downloads into any other Content for whatever purpose;
6. remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Service; or
7. frame any portion of the web pages that are part of the Service.
28. Intellectual property
For purposes of this contract:
28.1 Intellectual Property Rights includes (without limitation) any and all rights, title and interest in and to (whether registered or not) any intellectual property, copyright, related rights, patents, utility models, trade marks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such rights which are all as such protected by domestic and international legislation and treaties from infringement; and
28.2 Downloads
downloads means any software, data, files or content retrieved, viewed or downloaded by you through your Subscription to or use of a Service.
28.3 Copyright
28.3.1 You may retrieve, store, cite or refer to or print Content from any of our websites for educational, research, non-commercial, private or personal use only as provided for under Indian law.
28.3.2 You may not reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any Content in respect of which we own the copyright without our consent, or in the case of the Content of a third party author, without his or her consent.
28.3.3 You acknowledge that we own the right, title and interest in and to the Services developed and provided by us, the system which provides the Services and all software associated with the Services, as well as all Intellectual Property Rights thereto.
28.3.4 You will comply with all national and international laws pertaining to Intellectual Property Rights.
28.3.5 You acknowledge and agree that you will be solely responsible for copyright infringement of any 3rd party having ownership over their content you upload on our services and websites.
28.4 Your content
28.4.1 You will retain ownership of any original content that you provide when using a Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our Service.
28.4.2 However:
28.4.2.1 we own all compilations, collective works or derivative works created by us which may incorporate your content and which are reduced to a material form and original; and
28.4.2.2 with regards to content which you may upload or make available for inclusion on publicly accessible areas, you grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote your content on any medium.
28.4.3 Should you be of the view that the Intellectual Property Rights in any of your works uploaded on the Service have been infringed or otherwise violated, please provide our Webmaster with the following information:
28.4.3.1 a description of the work, which you claim, has been infringed;
28.4.3.2 the location of the work on the Krrunch.com site;
28.4.3.3 your contact details;
28.4.3.4 an affidavit deposed to by you stating that the work was used without your consent; and
28.4.3.5 written consent if an agent is acting on your behalf.
28.4.3.6 The level of attention to be afforded to your matter will lie within our discretion. This clause should in no way be construed as a guarantee that we will assist you under these circumstances.
29. Mobile-specific information we collect
- Most of the personally identifying information we collect is what you tell us about yourself. For example, certain of our products and services allow you to interact and share personal information and data with others. You choose what you want to share and how you want to share it.
- Sometimes, we record your phone number. We record your phone number when you send it to us; ask us to remember it; or make a call or send a text message or SMS to or from Hoopz. If you ask us to remember your phone number, we will associate your phone number with your Hoopz Account, or, if you do not have a Hoopz Account, with some other similar account ID. We often generate this account ID based on your device and hardware IDs, so if you change your device or hardware, you will have to re-associate this new device or hardware with your account before we can authenticate you.
- We collect some information on device-level events, such as crashes, and associate that temporarily with your Hoopz Account in order to provide customer service.
- Most of the other information we collect for mobile, such as your device and hardware IDs and device type, OS type, the request type, your carrier, your carrier user ID, the content of your request, and basic usage stats about your device and use of Hoopz's products and services does not by itself identify you to Hoopz, though it may be unique or consist of or contain information that you consider personal.
- Certain information, including information you may consider personal to you, may be stored locally on the device using mechanisms such as browser web storage. Please consult your device or client documentation on how to manage such local storage.
- If you use location-enabled products and services, such as Maps for mobile, you may be sending us location information. This information may reveal your actual location, such as GPS data, or it may not, such as when you submit a partial address to look at a map of the area.
- Certain of our products and services allow you to download and/or personalize the content you receive from us. For these products and services, we will record information about your downloads and preferences, along with any information you provide yourself (such as a list of your stocks to personalize your stock listings). If the product or service requires you to log in with a Hoopz Account, this information will be associated with your Hoopz Account.
- If you use Hoopz to transcode, or format, non-mobile pages to display properly on your device, we need to send your request to Hoopz's servers for formatting. That means that we will record these requests, which are generally for material beyond Hoopz's sites.
- For products and services with voice recognition capabilities, we collect and store a copy of the voice input you make to the product or service and corrections you make to the returned recognition result. To improve processing of your voice input, we may also continuously record in temporary memory a few seconds of ambient background noise. This recording stays only temporarily on the device and is not sent to Hoopz. If you choose to personalize voice recognition, we will associate your voice data with your Hoopz Account.
29.1 Uses
- We use your information to process and personalize your requests. We also use the information for support, to develop new features, and to improve the overall quality of Hoopz's products and services.
- We may also use the information to show you a history of your activity, to provide you with statistics about you or your use of our product or service, or to provide you with a better user experience.
- If you purchase something through Hoopz's products and services, we may also use your information to bill you and to handle billing disputes.
29.2 Information sharing and onward transfer
- All requests must be sent through your mobile carrier's network and your carrier may have access to it. For information regarding your carrier's treatment of your information, please consult your carrier's privacy policies.
- If you decide to use third party applications on your device, any information those applications collect may be sent to third parties and the Hoopz privacy policies do not apply. However, third party applications may have their own privacy policies that you should review.
- We may share your information with certain third parties we use to perform certain functions, such as billing and text message or SMS delivery. These third parties will be required to treat your information in accordance with the applicable Hoopz privacy policies. We may also share some information with your wireless operator in order to perform customer service functions.
- Certain of our products and services allow you to interact and share your information with others. Please consider carefully before disclosing any personal information or data that might be accessible to others.
29.3 Your choices
- Certain of our products and services allow you to opt-out of certain information gathering and sharing or to opt-out of certain products, services, or features. Each product has a help page/option which describes these and other options.
30. Cancellation and Refund Policy
Cancellation of service for on-going advertisement campaigns must be made at least prior to 50USD remaining budget for a campaign. There will be no cancellation and refunds for campaigns which has less than 50 USD budget remaining for that campaign. The cancellation and refund will apply per campaign for a particular user account.
All fees and charges are nonrefundable and there are no refunds or credits for partially used campaigns. All features, acquired as part of your account, expire immediately upon cancellation or termination of your account.
For unused campaigns, if paid by credit card, refunds will be issued to the original credit card provided at the time of payment and in case of EBS Payment Gateway, payments refund will be made to the same account.
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by Hoopz Planet Info Pvt Ltd. and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Hoopz Planet Info Pvt Ltd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Hoopz Planet Info Pvt Ltd. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.