Hollrr

Terms of Service

By using the Hollrr.com web site (the “Service”), a Service of Hollrr LLC (“Hollrr”), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Basic Terms

  1. If you are opening an account on behalf of yourself, you represent that you are the age of majority in your jurisdiction and fully able and competent to enter into these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
  2. If you are opening an account on behalf of a company, entity, or organization (collectively “Registering Organization”), then you representand warrant that you are an authorized representative of that Registering Organization with the authority to bind such organization to the Terms of Service, and agree to be bound by the Terms of Service on behalf of such Registering Organization.
  3. Hollrr’s Privacy Policy is hereby incorporated into these Terms of Service by reference. Please read the Privacy Policy carefully for details relating to the collection, use, and disclosure of your personal information.(Privacy Policy)
  4. You are responsible for any activity that occurs under your screen name or account.
  5. You are responsible for keeping your password secure.
  6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the Service.
  7. Only an official representative of a brand, product, or company is permitted to create an official product page for that product. Fake pages are a violation of our Terms of Service. If you claim ownership of an unauthorized product or violate our Terms of Service in any way, your account to the Service may be disabled.

Violation of any of these or the following Terms of Service will result in the termination of your account to the Service. While Hollrr prohibits such conduct and content on the Service, you understand and agree that Hollrr cannot be responsible for the Content posted on or through the Service and you nonetheless may be exposed to such materials and that you use the Service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the Service or your account thereto for any reason, without notice at any time, and you agree that Hollrr shall not be liable to you or any third-party for any such termination. You may terminate these Terms of Service at any time by closing your account, if any, and discontinuing use of the Service.
  2. We reserve the right to alter these Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will use reasonably commercial efforts to obtain your consent to such changes. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. Please check these Terms of Service periodically, as your continued use of the Service constitutes your binding acceptance of these Terms of Service.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Service.
  5. The Service makes it possible to post images and text hosted on the service to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on the Service must provide a link back to Hollrr.com.

User Content

By using or accessing the Service, you represent, warrant and agree that you will not post:

  1. Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
  2. false, misleading or fraudulent information;
  3. political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
  4. any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
  5. Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.

If you do post Content, and unless we indicate otherwise, you grant Hollrr a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Hollrr and its sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hollrr for all claims resulting from Content you supply.

Hollrr does not pre-screen, review, edit or approve any Content. Hollrr may, in its sole discretion, remove or disable access to any Content. Hollrr takes no responsibility and assumes no liability for any Content posted by you or any third party.

IP Complaints

We respect the IP rights of others and we prohibit users from posting Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that Content on the Service infringes your IP rights, please email us at copyright@hollrr.com. All IP claims can be made through that page, including any copyright claims, which will be handled in accordance with the Digital Millennium Copyright Act.

Ownership; Proprietary Rights

Except for Content, all materials, content and trademarks found on the Service are the property of Hollrr and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws (“Hollrr Materials”). Without limiting the foregoing, HOLLRR, the HOLLRR LOGO, and all related logos, are trademarks of Hollrr. Except as expressly authorized by Hollrr in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the Hollrr Materials.

You further agree not to (a) intentionally interfere with, damage, impair, or disable the Service’s operation, by any means (whether through automated means or otherwise), including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code; (b) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users; (c) use the Service or Hollrr Materials for any unlawful purpose or prohibited by these Terms of Service; (d) defame, harass, abuse, threaten, stalk, impersonate, or defraud other users, or collect personal information about them or third parties without their consent; (e) use any robot, spider, scraper, or other automated means to access the Service for any purpose without Hollrr’s express consent or bypass Hollrr’s robot exclusion headers or similar measures; (f) remove, circumvent, disable, damage or otherwise interfere with the Service’s security-related features, features that prevent or restrict the use or copying of any part of the Service, or features that enforce Service limitations; (g) attempt to gain unauthorized access to the Service, other user accounts, computer systems or networks connected to the Service through hacking, password mining, or any other means; (h) deep-link to the Service, and you agree you will promptly remove any links that Hollrr finds objectionable in its sole discretion; (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (j) modify, adapt, translate, or create derivative works based upon the Service, except to the extent expressly permitted by applicable law notwithstanding this limitation.

Indemnity

You agree to indemnify and hold Hollrr harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms of Service; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Hollrr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hollrr, and you agree to cooperate with Hollrr's defense of these Claims.

Links to Third Party Sites.

The Service may contain links or references to third party sites which Hollrr does not control or maintain (“Reference Sites”). Access to and use of any Reference Sites is at the User's own risk and Hollrr is not responsible for the accuracy or reliability of information or statements on Reference Sites. Hollrr provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement. You should review any applicable terms and policies of such Reference Sites, as Hollrr’s Terms of Service do not apply to them.

Dealings with Advertisers.

Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the Service are solely between you and such advertiser. You agree that Hollrr will not be responsible or liable for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers/third parties on the Service.

General Disclaimers

USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, HOLLRR WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND HOLLRR MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLLRR, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, HOLLRR, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HOLLRR IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HOLLRR OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SERVICE, THE HOLLRR WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE SERVICE, EVEN IF HOLLRR OR A HOLLRR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOLLRR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF HOLLRR OR ITS LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO HOLLRR DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Disclosures.

The Service is offered by Hollrr LLC, located at Pier 38 – Suite 210, The Embarcadero, San Francisco, CA 94107 and email: hello@hollrr.com. If you are a resident of certain jurisdictions, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

Miscellaneous

These Terms of Service are the entire agreement between the parties on the subject matter hereof. The heading references herein are for convenience purposes only, do not constitute part of these Terms of Service, and shall not limit or affect any provision hereof. The relationship of the parties hereunder is that of independent contractors, and these Terms of Service will not be construed to imply that either party is the agent, employee, or joint venturer of the other. In the event that any provision of these Terms of Service is held to be unenforceable, these Terms of Service will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties. These Terms of Service will be governed by the laws of California, without regard to its conflict of laws principles. The parties consent to the personal and exclusive jurisdiction of the state and federal courts of Santa Clara County, California. You may not assign these Terms of Service without the prior written consent of Hollrr, and any prohibited assignment will be null and void. Waiver by either party of a breach of any provision of these Terms of Service or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.