Terms of Use
Welcome. Thank you for your interest in Hoags IT Solutions (“we,” “Hoags,” or “us”) and our website at Hoags.com, along with our related websites, networks, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Use are a legally binding contract between you and Hoags regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Hoags IT Solutions’ PRIVACY POLICY https://Hoags.com/ privacy-policy AND ANY ADDITIONAL TERMS AND POLICIES Hoags, MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS” ). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND Hoags’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY Hoags AND BY YOU TO BE BOUND BY THESE TERMS
SERVICE AND ACCOUNT
1.1 Service Overview.
The Service provides a social media management tool that enables users to release posts on social platforms at a scheduled time, in addition to other design and analytics tools to help bolster users’ social media content.
1.2 Modification of the Service
Hoags reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Hoags will have no liability for any change to the Service, including any paid-for functionalities of the Service or any suspension or termination of your access to or use of the Service. Service fees are not refundable. You should retain copies of any User Content you post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.
Eligibility
You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations as may be applicable. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and you agree to be bound by these Terms.
Accounts and Registration
To access most features of the Services that we offer, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected].
Payment Terms
Some products or features of our Service may require you to pay fees upon registering for the applicable subscription. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the product, the pricing plan, with different pricing schemes for different products, individual users and organizations.
4.1 Prices
Hoags reserves the right to determine the pricing for the Service. Hoags will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our pricing pages of our products periodically for current pricing information. If you cancel your subscription for any of the products, you may forego your current price. If you reactivate at a later date, please check the respective product pricing page or with our support team for our current pricing. Hoags may change fees for any feature of the Service. Hoags, at its sole discretion, may make promotional offers with different features and different pricing to any of Hoags’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.
4.2 Authorization
You authorize Hoags to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Hoags, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Hoags may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service
The Services we offer may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Hoags and its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing pages for the respective product or service or contact our support team. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing the next periodic Subscription Fee to your account. Hoags or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by contacting us at:[email protected]. Your cancellation must be received before the renewal date in order to avoid the charge for the next subscription period.
4.4 Delinquent Accounts
Hoags may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Hoags reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
LICENSE TO OUR SERVICES
5.1 Limited License
Subject to your complete and ongoing compliance with these Terms, and depending on the type of product or service, Hoags may grant you, solely for you,r a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2 License Restrictions
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Hoags an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
Ownership; Proprietary Rights
he Service is owned and operated by Hoags. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, domain names, templates, and all other elements of the Service provided by Hoags (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Hoags or its third-party licensors. Except as expressly authorized by Hoags, you may not make use of the Materials. There are no implied licenses in these Terms, and Hoags reserves all rights to the Materials not granted expressly in these Terms. With respect to any domain name that you create or provide for your Start Page using the Start Page feature made available to you through the Services (“Start Page Domain Name”), you acknowledge that Hoags owns such Start Page Domain Name and all intellectual property rights herein. If you include any trademark, trade name, or service mark (“User Mark”) in your Start Page Domain Name, you hereby grant to Hoags a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to display, reproduce and otherwise use your User Mark for any purposes related to our Services.
Third-Party Terms
7.1 Third-Party Services and Linked Websites
Hoags may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party Service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize Hoags to transfer that information to and from the applicable third-party Service. Third-party services are not under Hoags’s control, and Hoags, to the fullest extent permitted by law, is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Hoags’s control, and Hoags is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third party services. Once sharing occurs, Hoags will have no control over the information that has been shared.
7.2 Third-Party Software
The Service may include or incorporate third-party software components that are generally available under licenses granting recipients broad specific rights for those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
USER CONTENT
8.1 User Content Generally
Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to or via the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service subject to the licenses granted in these Terms.
8.2 Limited License Grant to Hoags
By Posting User Content to or via the Service, you grant Hoags a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Hoags’s exercise of the license set forth in this section.
8.3 Specific Rules for Photographs and Images
If you post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or Service, including, by way of example and not limitation, the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, goods, or Service. The license contained in this section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4 Specific Rules for Musical Works and Recording Artists
If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”). In that case, you must notify your PRO of the royalty-free license you grant through these Terms to Hoags. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Hoags. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Hoags the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service
8.5 User Content Representations and Warranties
You must not Post User Content if you are not the owner of or are not fully authorized to grant rights to all of the elements of that User Content. Hoags disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
you are the creator and owner of the User Content, including the User Mark, or have the necessary licenses, rights, consents, and permissions to authorize Hoags and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Hoags, the Service, and these Terms;
your User Content, and the Posting or other use of your User Content, including the User Mark, as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Hoags to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
your User Content does not contain (i) language that incites or leads to physical violence or causes emotional harm towards a community that is historically marginalized; (ii) content that clearly aims to undermine or invalidate the experience of a community that is historically marginalized; (iii) content aimed to incite violence, lead to physical or emotional harm, hate, abuse, or the spread of false information; and (iv) false information which we determine is dangerous and can lead to violence, harm, severe illness, and/or death, including:
– astroturfing;
– fake accounts, deceptive behavior, bad actors;
– misleading or potentially harmful content;
– content that advances any misinformation narrative, conspiracy theories, or hoax that we determine as leading to harm.; and
– content intended to suppress one’s right to vote;
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment. The following serves as a guide to help generally illustrate the types of content that fall within the scope of Hoags’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but it is not exhaustive. This section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Hoags may remove or refuse to publish or promote any User Content that violates the terms or policies of any third-party platform with which Hoags’s Services integrate or interoperate.
Hateful content includes:
Any statement, image, photograph, or other content that, in our sole judgment, could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise.
A Threat of Physical Harm includes:
Any statement, photograph, advertisement, or other content that, in our sole judgment, could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content.
Harassment includes:
Revealing someone’s personal information, also known as “doxing.”
Online stalking and bullying.
Wishes for physical harm directed at a person or persons.
Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm.
A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion, to be otherwise objectionable at our sole discretion.
8.6 User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Hoags may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms, is alleged to violate the rights of third parties or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against Hoags with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Hoags does not permit infringing activities on the Service.
8.7 Monitoring Content
Hoags does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Hoags reserves the right to and may, from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Hoags chooses to monitor the content, then Hoags still assumes no responsibility or liability for the content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Hoags may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who posted such User Content to the Service or to any other users of the Service.
Prohibited ConductBY USING THE SERVICE, YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Hoags;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit the use, printing, or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
modify or create derivatives of any part of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Hoags’s systems or networks, or any systems or networks connected to the Service or Hoags;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person to engage in any of the acts described in this Section 9 (Prohibited Conduct).
INTELLECTUAL PROPERTY PROTECTION
10.1 Respect of Third-Party Rights
Hoags respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.