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hooeey Registered user agreement
'hooeey.com' is an interactive web-browser brought out by M/s. Principal Axis Systems Pvt. Ltd., (hereinafter hooeey shall mean both the company and the service provided by the company) a company incorporated under the provisions of the Indian Companies Act, 1956 which offers browser history recording, tagging and social networking in a single portal, to its users and members. hooeey's service comprises of (a) a toolbar that can be downloaded and installed on the member's computer and (b) a website that provides in addition to public space, personal accounts for members to store their browser history, tags and comments that can be shared with other hooeey users. By registering with hooeey as a member, you agree to be bound by hooeey's terms of use. You are authorised to use hooeey's services as a member only upon your acceptance of the terms of this Agreement. If you do not concur with the terms herein, you are requested to stop using hooeey and leave hooeey immediately. hooeey reserves the right to change or alter these terms of use at any time.
Membership Eligibility
Nature of Use
Account and Password Obligations
Representation and Warranties by Members
Usage of hooeey Toolbar
hooeey's Right of Usage
Content of Links
Information disclosure
hooeey IP
Limitation of Liability
Termination of Account
Indemnity
Dispute Resolution and Governing Law
Membership Eligibility
The membership of hooeey is open to all users, irrespective of age, sex, race, creed or nationality. However, hooeey reserves the right to reject, cancel or terminate any account without assigning any reason whatsoever, as and when it deems fit. hooeey is not available to persons whose membership has been suspended or terminated. If you are below 18 years of age, your guardian shall enter into this agreement on your behalf.
Nature of Use
The services of hooeey are intended for personal use only. No user shall use hooeey for commercial purposes. Any unauthorised use of hooeey, including use of any sort of member information for commercial use, unauthorised tracking of member usage patterns, use of email addresses of members to send unsolicited communication or unauthorised linkage to hooeey is strictly restricted. hooeey may remove all unauthorised linkages, advertisements and other forms of undesirable solicitation from member accounts, as and when it deems fit and reserves the right to suspend or terminate such accounts.
Account and Password Obligations
As a member, you are entirely responsible for the proper use and confidentiality of your account and password. You shall not use the account, username or password of another member at any time. Any disclosure of your password details to third parties is not permissible and is solely at your risk. You shall notify hooeey of any alleged unauthorised use of your account or access to your password.
In the event of your account being inactive for a period of six months hooeey reserves the right to disable or terminate your account and re-allocate your user id or email account with hooeey, without any further notice.
Representation and Warranties by Members
You hereby represent and warrant that all the information provided by you to hooeey, while using its services is accurate and current and that you have the necessary right and authority to enter this agreement.
Usage of hooeey Toolbar
hooeey's toolbar records your browsing - the Uniform Resource Locators (URL's) visited and the time spent visiting it, on to local files on your computer. You can choose the links to be uploaded on to your personal web account on hooeey and delete the rest. The chosen links are put into a database maintained under your name. hooeey does not create or store actual content such as web pages, images, music or video clips, but only allows you to store links or URLs that lead to such web content.
hooeey tracks and collects a record of your web browsing activity within and across websites and browsers. hooeey also collects and stores other user information that you provide when you download and install the hooeey toolbar.
The 'hooeey toolbar' is provided on an 'as is where is' basis, with no warranties whatsoever. You understand and agree that you download and use the 'hooeey toolbar' at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. hooeey expressly disclaims all express, implied and statutory warranties and guarantees, if any. hooeey shall not be liable for any consequences, directly or indirectly, punitive or otherwise, special or incidental, arising from the download of the 'hooeey toolbar', or resulting from any kind of modification, alteration or use or misuse whatsoever, carried out or made by you, the user, to the 'hooeey toolbar', including any efforts at back-engineering or reverse engineering.
You understand and agree that you download or otherwise obtain material or data through the use of the hooeey toolbar at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
hooeey's Right of Usage
hooeey enables you to upload your browser history and tags to a personal on-line account. hooeey may track the personal information you provide while registering as a member and the information you upload and store in your account. hooeey uses this information to determine usage pattern and provide an analysis of your browsing habits to help you manage your browser time better. This information may include the URL that you just came from, the URL you next go to and your IP address.
You can invite your friends/family to become hooeey users. hooeey may track email addresses of your friends/family to add them as your contacts once they register into hooeey.
Content of Links
hooeey is not responsible for the content of any links, search results, content put up by the users of hooeey or any third party content. Such content may be inaccurate, offensive, sexually explicit or inappropriate and hooeey has no control over such content and assumes no responsibility or liability for the same.
As a member, you are advised to use hooeey responsibly by refraining from posting undesirable content onto Public Space and Community Space. hooeey is open to people of all age groups.
For the sake of clarity, it is agreed and understood that hooeey does not publish or transmit or caused to be published in material in any form or manner and shall in no circumstances be deemed to own, control, or otherwise be responsible for the material that may be posted by the Member, or any third party, and the Member alone shall be responsible for the same. hooeey reserves its right to remove or delete any material found unsuitable for any reason whatsoever, at its discretion, apart from the right to forthwith terminate the account in case of the Member posting or causing to be posted material that is unsuitable in the opinion of hooeey.
Information disclosure
hooeey may, if requisitioned by law enforcement authorities, disclose your personal information, to enforce intellectual property rights, take action against fraud and other such crimes to help protect you and other users from law-breakers. Without limiting the above, in an effort to respect your privacy and hooeey's ability to assist in law enforcement, hooeey will not otherwise disclose your personal information to law enforcement or other government authorities without a direction from court or such other similar legal procedural requirement, except when hooeey believes in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or suspected illegal activity.
hooeey IP
hooeey's software solution of combining browser history records, tags and social networking forms part of its intellectual property and is protected by applicable Indian and international intellectual property laws and any use of the same in any manner, either directly or indirectly, either in whole or part shall result in infringement of hooeey's intellectual property. hooeey is the sole owner of the hooeey toolbar.
hooeey's Intellectual Property includes and is not limited to the mark 'hooeey' 'your footprints on the web' and the layout of the website, style of icons and the content provided by the service.
All content on hooeey, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of hooeey or its content suppliers and protected by Indian and international copyright laws. The compilation of all content on this site is the exclusive property of hooeey and protected by Indian and international copyright laws. All software used on this site is the property of hooeey or its software suppliers and protected by Indian and international copyright laws.
hooeey, the hooeey logo and other marks indicated on the site are trademarks of hooeey. Other hooeey graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of hooeey. hooeey's trademarks and trade dress may not be used in connection with any product or service that is not hooeey's, in any manner that is likely to cause confusion or deception of users or in any manner that disparages or discredits hooeey. All other trademarks not owned by hooeey that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by hooeey.
You acknowledge that hooeey owns all right, title and interest in and to the Service, including without limitation all intellectual property rights and such rights protected by Indian and international intellectual property laws. Accordingly, you agree that you shall not copy, alter, modify, or otherwise reproduce works from hooeey, directly or indirectly, in any manner or form whatsoever.
Limitation of Liability
You understand and agree that you use the Site and services at your own discretion and risk and that you will be solely responsible for any damages that arise form such use. Under no circumstances shall hooeey be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, or any other damages whatsoever, including without limitation, damages related to use, misuse, reliance on, inability to use and interruption, suspension or termination of the site or services, damages incurred through any links provided on the site and the non-performance thereof and damages related to use, sales, data, goodwill or profits, whether or not hooeey has been advised of such possibility. Your only right with respect to any dissatisfaction with this site or services or with hooeey shall be to terminate use of this site and services.
Termination of Account
Your hooeey account may be terminated by you with/ without any reasons assigned, by giving notice to hooeey by email. hooeey reserves the right to terminate, cancel or otherwise disable your account in the event of any breach by you of the terms of this agreement and as otherwise provided in this agreement.
Indemnity
You agree to indemnify and hold hooeey, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, made by any third party due to or arising out of your use, either directly or indirectly, of hooeey's services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on hooeey or through hooeey's services causes hooeey to be liable to another.
Dispute Resolution and Governing Law
In the event of any dispute or difference arising between the Parties hereto in regard to any matter relating to or connected with this Agreement, the same shall be referred to Arbitration by a sole arbitrator who is appointed by hooeey, in accordance with the Arbitration and Conciliation Act, 1996 and the decision of the Arbitrator shall be final and binding on both the Parties. The venue for Arbitration shall be Bangalore and the Courts at Bangalore shall have exclusive jurisdiction in regard to this Agreement where permissible under the Arbitration & Conciliation Act, 1996.
You have read this agreement and Agree to all of the Provisions contained hereinabove.
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