Last Updated: March 16, 2015.
By downloading, accessing or using the mobile applications, websites or other products or services of HapBoo and our subsidiaries, you agree to be bound by these Terms.
HapBoo is intended for use by people who are 13 years of age or older, but if you have less than 13 we recommended to ask parents orientation.
We recommend that you do not use HapBoo to recorder any password.
By using the HapBoo application you agree to let HapBoo collect information about your usage of the application, including interactions. For example, when you recorder a picture or send a video, we attempt to detect those interactions, but we can’t access it.
You also agree to let HapBoo collect certain types of information from and about you and your device.
The Services consist of interactive features and areas that allow users to create, post, share, and/or store content, including but not limited to photos, videos, text, graphics, items or other materials (collectively, “user content”).
You agree that you are solely responsible for your User Content and that HapBoo is not responsible or liable for any user content.
While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen and delete user content at any time and for any reason. Note that is forbidden to share photos, videos or others who violate the law of your country, and in general content like pedophilia, terrorism, suicide, words or discriminatory acts and racism. That content, if identified, will be reported to legal authorities and later deleted.
You retain all ownership rights in your user content, to summarize, your content is yours!
Except as expressly provided in these Terms, HapBoo does not grant any express or implied rights to use HapBoo. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part HapBoo Content, the services or any related software, except as expressly stated in these terms.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
You further agree to abide by any third-party terms that apply when posting reviews of HapBoo, including the iTunes App Store Terms of Service and/or the Android Market Terms of service. Posting HapBoo usernames in app store reviews is strictly prohibited and may result in the deletion of your account.
After opening a HapBoo account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.
When you first create a HapBoo account, we ask for your informations, and our intention is to keep your account safe.
We reserve the right to modify or discontinue, temporarily or permanently, the services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
HapBoo respects the intellectual property rights of others. If you believe that anything on the services infringes any copyright that you own or control, you may file a notice of such infringement, and send to: HapBoo Conteúdo & Mídia de Internet Ltda. Att: Ouvidoria Cassiano Ricardo Avenue, 601 – Suite 45 Sao Jose dos Campos, SP - Brazil, 12246-870 firstname.lastname@example.org
The services and the HapBoo content are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, while HapBoo attempts to provide a good user experience, we cannot and do not represent or warrant that the services will always be secure or error-free or that the services will always function without delays, disruptions or imperfections.
The Services are hosted in the USA. If you are a user accessing the services from another place or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from USA laws, please be advised that through your continued use of the Services, which are governed by USA law, you are transferring your personal information to the USA and you consent to that transfer.
By agreeing to these terms you agree to indemnify, defend and hold harmless HapBoo, our managing members, shareholders, employees, affiliates, licensors and suppliers (the “HapBoo or HapBoo Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.
Except where prohibited by law, in no event will HapBoo or the HapBoo Parties be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the services; (b) the provision of the services or any materials available therein; or (c) the conduct of other users of the services, even if HapBoo has been advised of the possibility of such damages. You assume total responsibility for your use of the services. Your only remedy against HapBoo for dissatisfaction with the services or any content is to stop using the services. If, notwithstanding these Terms, HapBoo is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the services or any content HapBoo liability shall in no event exceed $1.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH HAPBOO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM USA OR BRAZIL.
You and HapBoo agree to arbitrate any dispute arising from these Terms or your use of the services, except that you and HapBoo are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration prevents you from suing in court or from having a jury trial.
You and HapBoo agree (a) that any arbitration will occur in Sao Jose dos Campos - SP, Brazil; (b) that arbitration will be conducted confidentially by a single arbitrator; and (c) that the state or federal courts of Sao Jose dos Campos - SP, Brazil, have exclusive jurisdiction over any appeals of an arbitration award and over any suit, if any, between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Whether the dispute is heard in arbitration or in court, you and HapBoo will not commence against the other a class action, class arbitration or representative action or proceeding.
A lawsuit, if any, by you or HapBoo against the other will occur in state or federal court in Sao Jose dos Campos - SP, Brazil. You and HapBoo agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between you and HapBoo will be governed by these terms and the laws of the Brazil, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
These terms supersede all prior understandings regarding the same and represent the complete agreement between you and HapBoo.