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Terms of Service Please read carefully the following provisions of this TERMS OF USE ("TERMS OF USE"). This is a legal agreement between you and TheHoop Video Chat, Inc. (the “Company”) and "Hoop Video Chat Video Chat" and its various & next versions (All Hoop Video Chats are "Hoop Video Chat Video Chat") regarding the use of the Hoop Video Chat software programs and related documentation being installed by you on your device (the "Software"). By downloading the Software and/or using any of the services enabled by the Software (the "Services"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS) AND BY Hoop Video Chat’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE AND CAN BE FOUND AT https://www.theHoop Video Chat.net/privacypolicy.html. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT USE THE SOFTWARE OR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF THE SOFTWARE AND ALL SERVICES.

1. Acknowledgment. This paragraph is intended to apply to you if you have downloaded the Software from the app marketplaces such as the Apple App Store and the Google Play. Hoop Video Chat and you acknowledge that this Terms of Use is concluded between Hoop Video Chat and you only, and not with the app marketplaces, and as between Hoop Video Chat and the marketplaces, Hoop Video Chat, not the marketplaces, is solely responsible for the Software and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Software and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the app marketplaces as of the date hereof (which you further acknowledge you have had the opportunity to review).

2. License Grant. Subject to your compliance with the terms and conditions set out in this Terms of Use, Hoop Video Chat grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Software, in object code format, only on your personal computer or mobile device (the "Device") for the sole purpose of personally using the Hoop Video Chat application and any other applications that may be explicitly authorized by Hoop Video Chat for use through use of the Software, and if you have downloaded the Software from the App Store or the Google Play, as permitted by the Usage Rules set forth in the each app marketplace Terms of Service as of the date hereof.

3. Ownership. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software includes trade secrets and information that is confidential and proprietary to Hoop Video Chat and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Software and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Hoop Video Chat and its licensors, if any, including all intellectual property rights therein. The Software is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Hoop Video Chat hereby expressly reserves all rights in the Software and all Services which are not expressly granted to you hereunder.

4. Restrictions. You only obtain a license to use the object code version of the Software. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or any of the Services; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Software or Service and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or any of the Services by any means whatsoever; (iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Software or any of the Services; (v) use the Software or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism.

5. Safety. You further represent that you shall not (i) use the Software or any of the Services for any illegal or unauthorized purpose, (ii) use the Software or any of the Services in any manner which could damage, disable, overburden or impair any of the Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications ("Content") deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize or adapt Hoop Video Chat’s website, the Software (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with Hoop Video Chat, or (vi) use or access any of the Services by any means other than through the interface provided by Hoop Video Chat.

6. Your Utilization of Your Device. If your use of the Software or Services is dependent upon the use of bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Software is subject to you obtaining consent from the relevant third party for such use and by using the Software you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Software, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with this Terms of Use. You must delete any Software from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.

7. Content. Content transmitted by the use of the Software and Services is entirely the responsibility of the person from whom such Content originated. You use the Software and Services at your own risk and understand that by using the Software or any of the Services, you may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable. Hoop Video Chat does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Software and/or Services. You hereby release and discharge the Hoop Video Chat Parties (as defined below) from any and all claims and demands arising out of or relating to any Content.

8. Your Content. You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Software or Services and that Hoop Video Chat (and Apple or Google if you downloaded the Software from the App Store or Google Play) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. Hoop Video Chat RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TERMS OF USE.

9. Third Parties. The Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software falls under the scope of this Agreement.

10. New Versions of the Software. Hoop Video Chat, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Software or Services. Hoop Video Chat has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Software or any of the Services. You may have to agree to a renewed version of Terms of Use in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Software. You acknowledge that Hoop Video Chat may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Software and, accordingly, may modify, update or upgrade the version of the Software that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.

11. Third Party Fees. For particular Devices, Hoop Video Chat may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees.

12. Eligibility. The license to use the Software and Services is not valid in any jurisdiction where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of this Terms of Use. Hoop Video Chat may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Software or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

13. No Access to Emergency Services. The Software and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements ("Emergency Services"). There are important differences between traditional telephone services and the Software and Services. You acknowledge and agree that: (i) Hoop Video Chat is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Software, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) Hoop Video Chat is not a replacement for your primary telephone service.

14. Prevention of Unauthorized Use. Hoop Video Chat reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Software or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.

15. License Grant to Hoop Video Chat. You hereby authorize Hoop Video Chat to collect and use the address books, contact lists, and unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Software for purposes of your use of the Services.

16. Premium and all kind of paid contents & item Services. From time to time, Hoop Video Chat may provide additional features and/or Services that you pay for ("Premium and all kind of paid contents & item Services"). Hoop Video Chat may also offer from time to time in its sole discretion, certain Premium and all kind of paid contents & item Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Terms of Use to the Services include the Premium and all kind of paid contents & item Services.

17. Payments for Premium and all kind of paid contents & item Services. The Premium and all kind of paid contents & item Services may be offered on a subscription basis, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium and all kind of paid contents & item Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Hoop Video Chat or the online application store from which you downloaded the Software (the "Application Store"). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium and all kind of paid contents & item Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium and all kind of paid contents & item Services is terminated. You agree that if you purchase Premium and all kind of paid contents & item Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Hoop Video Chat have any responsibility in connection with any of the foregoing.

18. Refunds. You may request a full refund for any Premium and all kind of paid contents & item Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users who are banned by Hoop Video Chat and its community, and 2) full-refunds are not available for partial-used purchases.

19. Termination by You. You may terminate your use of the Services at any time by uninstalling and deleting the Software from all of your Devices. If you have subscribed to any Premium and all kind of paid contents & item Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium and all kind of paid contents & item Services.

20. Termination by Hoop Video Chat. Without limiting any other remedies, Hoop Video Chat may limit, suspend, discontinue or terminate this Terms of Use and/or your use of all or any part of the Software and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if Hoop Video Chat believes that you are (i) in breach of any of the terms of this Terms of Use, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium and all kind of paid contents & item Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Hoop Video Chat is under no obligation to provide the Services, including without limitation any Premium and all kind of paid contents & item Services, and that no Hoop Video Chat Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Software and/or any of the Services.

21. Storage of Content. Subject to the terms and conditions of this Terms of Use, Hoop Video Chat will use reasonable efforts to store your Content, if any, in connection with your use of a Premium and all kind of paid contents & item Service if such storage is a feature provided with the Premium and all kind of paid contents & item Service. You acknowledge and agree that Hoop Video Chat shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no Hoop Video Chat Party is under any obligation to preserve, provide access to or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium and all kind of paid contents & item Service that includes the storage of Content and you are not active on the Premium and all kind of paid contents & item Service for thirty (30) days or longer (as determined by Hoop Video Chat), Hoop Video Chat may delete your Content for any reason, including technical, business or any other reasons.

22. Third-Party Sites, Products and Services; Links. The Services may include links or references to other web sites or services solely as a convenience to our users ("Reference Sites"). Hoop Video Chat does not endorse any such Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage you to be aware of when you leave the Services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. In addition, your correspondence or business dealings with advertisers found on or through the Services are solely between you and such advertiser.

23. Indemnification. "YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Hoop Video Chat, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING Hoop Video Chat, COLLECTIVELY THE "Hoop Video Chat PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE SOFTWARE AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF Hoop Video Chat). If you downloaded the Software from the the app marketplaces, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, as between Hoop Video Chat and the app marketplaces, Hoop Video Chat, not the app marketplaces, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Hoop Video Chat reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hoop Video Chat, and you agree to cooperate with Hoop Video Chat’s defense of these claims. You agree not to settle any matter without the prior written consent of Hoop Video Chat."

24. Assignment. You are not allowed to assign this Terms of Use or any rights or obligations hereunder. Hoop Video Chat is allowed at its sole discretion to assign this Terms of Use and any rights hereunder to any third party, without giving of notice.

25. No Warranty. The Software and Services are provided to you "AS IS" and "AS AVAILABLE" with no warranties. The Hoop Video Chat Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE Hoop Video Chat PARTIES (AND IF YOU DOWNLOADED THE SOFTWARE FROM THE APP STORE OR GOOGLE PLAY, APPLE OR GOOGLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE SOFTWARE AND CEASE USE OF THE SOFTWARE AND ALL SERVICES. You further acknowledge that the Hoop Video Chat Parties (and if you downloaded the Software from the App Store or Google Play, Apple or Google) have no obligation whatsoever to furnish any maintenance or support services with respect to the Software and/or Services.

26. NO WARRANTIES. THE Hoop Video Chat PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE Hoop Video Chat PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE SOFTWARE OR SERVICES.

27. HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

28. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE Hoop Video Chat PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE SERVICES, THIS TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF Hoop Video Chat OR ANY OTHER Hoop Video Chat PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE Hoop Video Chat PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the Hoop Video Chat Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN Hoop Video Chat AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.

29. CLAIMS. YOU AND Hoop Video Chat AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR SOFTWARE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Software from the app marketplaces, you further acknowledge that the app marketplaces has no responsibility for addressing any claims relating to the Software or Services or your possession and/or use of the Software or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Software or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

30. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT Hoop Video Chat HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Hoop Video Chat, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Hoop Video Chat. Hoop Video Chat WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

31. Feedback. Any comments, suggestions, or feedback relating to the Software or any of the Services ("Feedback") submitted to Hoop Video Chat shall become the property of Hoop Video Chat. Hoop Video Chat will have exclusive ownership of all rights to the Feedback. Hoop Video Chat will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. Hoop Video Chat will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Software or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.

32. GENERAL. 32.1 Notices. Hoop Video Chat may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the Hoop Video Chat website. Notice will be deemed given twenty-four (24) hours after email is sent, unless Hoop Video Chat is notified that the email address is invalid. Notice posted on the Hoop Video Chat website is deemed given ten (10) days following the initial posting. Hoop Video Chat reserves the right to determine the form and means of providing notifications to our users.

32.2 Amendments. Hoop Video Chat reserves the right to amend this Terms of Use at any time by publishing the revised Terms of Use on the Hoop Video Chat website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised Terms of Use shall become effective following the applicable notice period, unless you expressly accept the revised Terms of Use earlier by clicking on the accept button. Your express acceptance or continued use of the Software or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Terms of Use. You can find the latest version of this Terms of Use at theHoop Video Chat.net/termsofservice.html.

32.3 Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use, and to abide by and comply with the terms and conditions of this Terms of Use.

32.4 Entire Agreement. This Terms of Use represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Terms of Use is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

32.5 Waiver. The failure of Hoop Video Chat to exercise or enforce any right or provision of this Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of this Terms of Use will be effective only if in writing and signed by Hoop Video Chat.

32.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.

32.7 Governing Law and Venue. This Terms of Use is governed by the laws of the South Korea as such laws are applied to agreements entered into and to be performed entirely within South Korea between South Korean, and by the laws of the South Korea. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Terms of Use. You agree that the Services shall be deemed solely based in South Korea and each a passive Service that does not give rise to personal jurisdiction over Hoop Video Chat, either specific or general, in jurisdictions other than South Korea. You further agree that the courts located in South Korea shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Software, Services, Content or this Terms of Use. You agree not to commence or prosecute any action against any Hoop Video Chat Party other than in courts located in South Korea, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such courts.

32.8 South Korea Services. Hoop Video Chat makes no representations that the Services are appropriate or available for use in any location outside the South Korea. Those who access or use the Software and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.

32.9 South Korea Government Rights. All Software, the Services and technical data are commercial in nature and developed solely at private expense. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the South Korean Government or any of its agencies shall be governed solely by the terms of this Terms of Use and shall be prohibited except to the extent expressly permitted by the terms of this Terms of Use.

32.10 Export. The Software and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the South Korea and the country in which you obtained them. The Software and Services are specifically subject to the South Korea Export Administration Regulations; diversion contrary to South Korea law is prohibited. You may not export, directly or indirectly, the Software, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the South Korea Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval. 32.11 International Users. The [Software and] Services are hosted in the South Korea and by using the Software and/or any of the Services, if you are located in the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from South Korea laws, then you understand and consent to the processing of personal information in the South Korea. 32.12 Injunctive Relief. You acknowledge that the obligations made hereunder to Hoop Video Chat are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hoop Video Chat and which cannot be replaced by monetary damages alone so that Hoop Video Chat shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.

32.13 Third Party Beneficiaries and Agreements. If you downloaded the Software from the app marketplaces, you acknowledge and agree that the app marketplaces are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this Terms of Use, the app marketplaces will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Software and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Software and/or Services.

32.14 Privacy Policy. You can find the latest version of Hoop Video Chat’s Privacy Policy at https://theHoop Video Chat.net/privacypolicy.html

32.15 Relationships. The App is not sponsored, endorsed, administered by, or associated with Apple or its subsidiaries or affiliates.

32.16 Community Rules. We care about your safety while using our Service. To know more about Hoop Video Chat's community rules, please visit https://theHoop Video Chat.net/community.html

33 Apple Device and Application Terms. In the event you are accessing the Services via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an “Application”), the following shall apply:

Both you and the Company acknowledge that these Terms of Use are concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content; The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as they are applicable to the Services; You will only use the Application in connection with an Apple device that you own or control; You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; You acknowledge and agree that the Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, the Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; Both you and the Company acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of Agreement which may affect or be affected by such use; and Both you and the Company acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third-party beneficiary hereof. 34. Contact Information You may contact us at the following address: [email protected].

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hoopworld · 3 years

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We, the team of TheHoop Video Chat, Inc. and Hoop Video Chat process your personal data when you use our app (“Hoop Video Chat,” “us,” “we,” “our” or “app”) or website (“Website” and, together with the app, “Products”). The processing of your personal data takes place in compliance with the General Data Protection Regulation (“GDPR“) and the South Korean data protection act in its current form.

In this privacy policy (“Privacy Policy”) we want to provide you with information about us, the nature, scope and purposes of the data collection and use, giving you insights into the processing of your personal data.

2. CONTROLLER

Controller. The controller of data processing is Hoop Video Chat. You can contact us via e-mail under the Email Address. Data Protection Officer. Our data protection officer can be contacted under the Email Address. Should you have any questions regarding the processing of your personal data, please do not hesitate to contact him/her.

3. COLLECT AND PROCESS

This Privacy Policy applies to websites, apps, and other services operated by us. We process personal data that you as a user of the Products make available to us, for example by using our Products, and that users provide to us (“Data”).

We can’t help you develop meaningful connections without some data about you, such as basic profile details and the types of people you’d like to meet. We also collect information generated as you use our services, for example access logs, as well as information from third parties, like when you access our services through a social media account. If you want additional info, we go into more detail below.

Data you give us

You choose to provide us with certain information when using our services. This includes:

Registration Information Mandatory Information: You have to provide us with certain information to register with us: E-mail address gender Optional Information: Certain information is optional during registration and can also be added or deleted later on by you, such as pictures. You may allow us to access your camera or photo album. Payment and Subscription Information We use payment providers (e.g., Apple, Google) to process payments. When you subscribe to a paid service or make a purchase directly from us, you provide our payment service provider or us with information, such as your debit or credit card number or other financial information. Although we do not store any credit card information ourselves, we store a payment ID number that is given out by the respective provider and can be allocated to a person by that payment provider, as well as duration of your subscription, price, currency, VAT (based on country info), and payment provider. We process your chats with other users as well as the content you publish, as part of the operation of the services. When you choose to participate in our promotions, events, or contests, we collect the information that you use to register or enter. If you won a prize, we would collect the financial information to reward you. If you contact our customer care team, we collect the information you give us during the interaction. We monitor or record these interactions for training purposes and to ensure a high quality of service. When you participate in surveys or focus groups, you give us your insights into our products and services, responses to our questions, and testimonials.

Data from others

In addition to the information you provide us directly, we receive information about you from others, including: Registration via Social Media. You may be able to use your social media login (such as Facebook Login) to create and log into your account. We will receive your first and last name, e-mail address, gender, and profile picture. Other Partners. We may receive info about you from our partners, for instance where Hoop Video Chat ads are published on a partner’s websites and platforms (in which case they may pass along details on a campaign’s success). Other Users. Other users may provide information about you as they use our services. For instance, we may collect information about you from other users if they contact us about you.

Data collected when you use our services

When you use our services, we collect information about which features you’ve used, how you’ve used them, and the devices you use to access our services. See below for more details:

Usage Information. We collect information about your activity on our services, for instance how you use them (e.g., date and time you logged in, features you’ve been using, searches, clicks and pages which have been shown to you, referring webpage address) and how you interact with other users (e.g., users you connect and interact with, time and date of your exchanges, number of messages you send and receive). Device information. We collect information from and about the device(s) you use to access our services, including: hardware and software information such as IP address, device ID and type, device-specific and apps settings and characteristics, app crashes, advertising IDs (such as Google’s AAID and Apple's IDFA, both of which are randomly generated numbers that you can reset by going into your device’ settings), browser type, version and language, operating system, time zones, identifiers associated with cookies or other technologies that may uniquely identify your device or browser (e.g., IMEI/UDID and MAC address); information on your wireless and mobile network connection, like your service provider and signal strength; information on device sensors such as accelerometers, gyroscopes and compasses. Other information with your consent. If you give us permission, we can collect your precise geolocation (latitude and longitude) through various means, depending on the service and device you’re using, including GPS, Bluetooth or Wi-Fi connections. The collection of your geolocation may occur in the background even when you aren’t using the services if the permission you gave us expressly permits such collection. If you decline permission for us to collect your geolocation, we will not collect it. Similarly, if you consent, we may collect your photos and videos (for instance, if you want to publish a photo, video or streaming on the services).

The website uses 'cookies' – small text files that are placed on your computer, mobile device and/or stored by the browser. The basis for the processing of Data via cookies are our legitimate interests. We use and may allow others to use cookies and similar technologies (e.g., web beacons, pixels) to recognize you and/or your device(s).

4. PURPOSE

We use your data to deliver our services and help keep you safe.

Operating the Products

Create and manage your account Provide you with customer support and respond to your requests Complete your transactions Communicate with you about our services, including order management and billing Connect with other users. Analyze your profile, activity on the service, and preferences to recommend meaningful connections to you and recommend you to others

Business Needs

Performance. Monitor, analyse and improve the use of our Products, as well as protect the security or integrity of the Products. Research and Development. Conduct research for further development in order to develop new features and provide you with a better, more intuitive and personalized experience Offers. Administer sweepstakes, contests, discounts or other offers Advertising. Target and measure the performance of ads to registered users and visitors using the following data, whether separately or combined: gender; age; language; activity data (purchase, usage) Marketing General. Push Message Marketing: With your explicit consent, we will send you marketing push messages. Retargeting: You might see marketing messages on the platforms listed below. In addition, other users who have similar characteristics to you on those platforms could see marketing messages on those platforms as well (i.e., Facebook Lookalike audience). An opt-out is possible at any time via our customer support. It may take a few days after the opt-out until you are removed from all audiences. (List of other platforms: Facebook, Instagram, Google, Twitter, Vungle, UnityAds, Snapchat, and Bytedance)

Compliance and Enforcement

Enforcement. Address ongoing or alleged misbehavior on and off-platform Perform data analysis to better understand and design countermeasures against these activities Retain data related to fraudulent activities to prevent against recurrences Compliance. Comply with our obligations and in compliance with all applicable laws and regulations.

5. SHARING OF PERSONAL DATA

With other users

You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is stuff that you’re comfortable being publically viewable since neither you nor we can control what others do with your information once you share it.

If you choose to limit the audience for all or part of your profile or for certain content or information about you, then it will be visible according to your settings.

With our service providers and partners

We share your information to others, who help us provide and improve our Products (e.g., maintenance, analysis, audit, payments, fraud detection, marketing, and development). Service providers will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose or use it for other purposes.

We use processors such as Appsflyer, Google, Facebook, Amazon Web Services, Inc., or Zendesk, Inc.

For corporate transactions

We may transfer your data if we are involved, whether in whole or in part, in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control. When required by law

We may disclose your data if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government / law enforcement investigation or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person. To enforce legal rights

We may also share data: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and legal rights of our users, business partners or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.

With your consent or at your request

We may ask for your consent to share your data with third parties. In any such case, we will make it clear why we want to share the information.

We may use and share non-personal data (meaning data that, by itself, does not identify who you are such as device information, general demographics, general behavioral data, geolocation in de-identified form), as well as personal information in hashed, non-human readable form, under any of the above circumstances.

We may also share this information with other third parties (notably advertisers) to develop and deliver targeted advertising on our products or applications of third parties, and to analyze and report on advertising you see. We may combine this data with additional non-personal information or personal data in hashed, non-human readable form collected from other sources.

6. HOW LONG WE STORE DATA

Storage Period. We store your Data as long as you are a registered user of the Products. Beyond that, we only store Data, if it is legally necessary (because of warranty, limitation or retention periods) or otherwise required. Account Deletion. If you decide to delete your account, all Data we have about you will be deleted, with the following exceptions: Any details made public by you (e.g. comments on other registered users’ activities, gifts shared by you, will be anonymized, i.e. it will be made clear that such details were provided by a deleted user). Any Data required for Product’s performance of contractual obligations or compliance with statutory retention obligations shall not be deleted, but minimized to the necessary extent. A deletion request does not affect Data, if the storage is legally necessary, for example for accounting purposes.

7. WHICH RIGHTS YOU HAVE

We want you to be in control of your information, so we have provided you with the following tools:

Access / Update tools in the service. Tools and account settings that help you to access, rectify or delete information that you provided to us and that’s associated with your account directly within the service. If you have any question on those tools and settings, please contact our customer care team for help. Device permissions. Mobile platforms have permission systems for specific types of device data and notifications, such as location services as well as push notifications. You can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Of course, if you do that, certain services may lose full functionality. Deletion. You can delete your account by using the corresponding functionality directly on the service.

We want you to be aware of your privacy rights. Here are a few key points to remember:

Reviewing your information. Applicable privacy laws may give you the right to review the personal information we keep about you (depending on the jurisdiction, this may be called right of access, right of portability or variations of those terms). If you want to request a copy of your personal information, please contact our customer care team for help. Updating your information. If you believe that the information we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion or object to its processing, please contact our customer care team.

For your protection and the protection of all of our users, we may ask you to provide proof of identity before we can answer the above requests.

Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on trade secrets or intellectual property or the privacy of another user. If you wish to receive information relating to another user, such as a copy of any messages you received from him or her through our service, the other user will have to contact our Privacy Officer to provide their written consent before the information is released.

Also, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our service to you anymore.

Uninstall. You can stop all information collection by an app by uninstalling it using the standard uninstall process for your device. If you uninstall the app from your mobile device, the unique identifier associated with your device will continue to be stored. If you re-install the application on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities. Accountability. In certain countries, including in the European Union, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how we process your personal information. The data protection authority you can lodge a complaint with notably may be that of your habitual residence, where you work or where we are established.

8. FURTHER IMPORTANT INFORMATION

We work hard to protect you from unauthorized access to or alteration, disclosure or destruction of your personal information. As with all technology companies, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure.

We regularly monitor our systems for possible vulnerabilities and attacks and regularly review our information collection, storage and processing practices to update our physical, technical and organizational security measures.

We may suspend your use of all or part of the services without notice if we suspect or detect any breach of security. If you believe that your account or information is no longer secure, please notify us immediately via our customer care.

9. HOW TO CONTACT US

Data Protection Officer

Company has designated the person in charge of personal data protection as below for inquiries and complaints about personal information of users.

Name: Daebong Park Position: CFO Address: Wework, 147, Yanghwaro, Mapogu, Seoul, South Korea E-mail: [email protected] If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree to review the Privacy Policy periodically so that you are aware of any modifications. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Service.

Contact Information

If you have any questions about this Privacy Policy, please contact us at [email protected]. Any personally identifiable information provided in connection with inquiries related to this Privacy Policy will be used solely for the purpose of responding to the inquiry and consistent with our Privacy Policy.

10. PRIVACY POLICY CHANGES

Because we’re always looking for new and innovative ways to help you build meaningful connections, this policy may change over time. We will notify you before any material changes take effect so that you have time to review the changes.

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