© Copyright HoopFrog.com
Definitions
- HoopFrog Inc. (“HoopFrog”, "we," "us," or "our")
- Platform: Refers to the HoopFrog website, applications, and related services.
- Users: Refers to individuals who use HoopFrog for any purpose.
- Content: Refers to all text, images, videos, and other materials posted by users or HoopFrog.
- Terms of Use: Also Terms of Agreement
By using HoopFrog, you agree to the following Terms of Use.
These terms are governed by the laws of Alberta, Canada. Please read carefully, as they outline your rights, obligations, and limitations when using HoopFrog.
If you do not agree, please exit immediately and do not use the platform.
SMS Messaging and Consent
Clients opt in to receive SMS messages from HoopFrog by:
- Creating a new HoopFrog profile at joining, or
- Completing a dedicated consent form located at https://hoopfrog.com/SMSConsent.html.
On this page, users are required to enter their mobile phone number and check a consent box that clearly outlines the purpose, frequency, and nature of the messages they will receive.
The consent language explains that users agree to receive recurring SMS messages from HoopFrog related to:
The form states that message frequency may vary (up to 4 messages per week) and that message and data rates may apply depending on the user’s mobile carrier. It also includes explicit instructions on how to opt out at any time by replying with the word “STOP,” or text “HELP” for assistance. The consent box is not pre-checked and must be actively selected by the user prior to submission.
The page is structured to ensure clear, verifiable, and informed user consent in compliance with SMS carrier guidelines.
General Use of the Platform
HoopFrog is an online service designed to foster relationships and meaningful connections. Users are expected to use the platform in kindness, good faith, respecting other members, and abiding by all applicable laws.
By using HoopFrog, you affirm that you are at least 18 years of age and have the legal capacity to enter into this agreement.
HoopFrog may include links to other websites. These links may be provided for the user's convenience to provide further information; they do not signify that HoopFrog endorses said website(s). HoopFrog has no responsibility for the content of any linked website(s).
Prohibited Conduct
Users must not:
- Engage in illegal activities or violate any applicable law.
- Submit illegal content or fail to report such content posted by others.
- Harass, abuse, spam, stalk, impersonate, or distribute malware.
- Share false or misleading information.
- Violate the intellectual property rights of others.
- Engage in hate speech, fraud, privacy violations, or deceptive practices.
Any prohibited or inappropriate conduct will result in immediate termination of access.
Content Ownership and Rights
Users retain ownership of the content they post on HoopFrog but grant HoopFrog a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content as necessary for platform operation. Any statement or notice by users that their posted material cannot be used or is otherwise exempt from these terms after accepting the Terms of Agreement shall be deemed unenforceable.
HoopFrog contains material that may be owned by or licensed to us. This material includes, but is not limited to the design, layout, look, appearance, and graphics. Reproduction is prohibited other than upon receiving explicit permission.
HoopFrog reserves the right to remove content that violates local laws or platform policies at any time, without prior notice or liability.
No Warranty and Limitation of Liability
HoopFrog provides its services on an "as-is" and "as available" basis without any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by applicable law, HoopFrog shall not be liable for any direct, indirect, incidental, or consequential damages arising from the use of its platform, including but not limited to loss of data, emotional distress, or economic loss.
Unauthorized use of HoopFrog may give rise to a claim for damages and/or be a criminal offence.
Refund Policy
All purchases made on HoopFrog are final and non-refundable. Refunds will only be provided at the sole discretion of HoopFrog's management and in exceptional circumstances.
Use of Artificial Intelligence (AI)
By agreeing to these terms, you acknowledge that HoopFrog may or may not use artificial intelligence in the development, production, and operation of its platform. The specific implementation and scope of AI technologies are proprietary and may not be disclosed. Users in the EU have rights under GDPR, including the right to human review of automated decisions.
Privacy and Cybersecurity
HoopFrog is committed to protecting user privacy. Users must:
- Keep account credentials secure.
- Notify HoopFrog of unauthorized account use.
HoopFrog employs industry-standard security but cannot guarantee complete protection against breaches. Notifications will be provided in case of significant breaches as required by law.
Dispute Resolution
Mandatory Arbitration: Any disputes, claims, or controversies arising out of or relating to these Terms of Agreement, your use of HoopFrog, or your relationship with HoopFrog shall be resolved exclusively through binding arbitration. This means that you waive your right to bring any dispute to a court of law, including the right to a jury trial.
Arbitration Procedure: Arbitration will be conducted in accordance with the rules of a recognized arbitration organization in Alberta, such as the ADR Institute of Canada. The arbitration shall take place in Alberta, and the arbitrator’s decision shall be final and binding.
No Class Actions: You agree to resolve disputes with HoopFrog on an individual basis. You waive your right to participate in class actions, collective proceedings, or representative actions.
Termination and Modifications
HoopFrog reserves the right to terminate any account or service at its sole discretion, for any reason or no reason, at any time, without prior notice or liability. This includes, but is not limited to, violations of these terms, inactivity, or at the discretion of HoopFrog's management.
These terms may be updated periodically. Users will be notified of significant changes, and continued use of the platform constitutes acceptance of the updated terms.
Global Clauses for International Users
- Local Law Compliance: Users are responsible for complying with all applicable laws and regulations in their country of residence.
- Governing Law: These Terms of Agreement are governed by the laws of Alberta, Canada.
- Language Discrepancies: In the event of discrepancies between translations of these Terms of Agreement, the English version shall prevail.
- Export Compliance: Users agree not to use HoopFrog in any country or region where such use is prohibited by local laws, including but not limited to sanctions imposed by the United Nations, the United States, Mexico, the European Union, or Canada.
Force Majeure
HoopFrog shall not be held liable for delays or failures in performance due to causes beyond its reasonable control, including acts of God, natural disasters, irate frogs, cyberattacks, or government actions.
Copyright and Trademark Notice
All content, features, and services on this platform are the property of HoopFrog™. Unauthorized use, reproduction, or distribution of any material or intellectual property from HoopFrog is strictly prohibited and may result in legal action.
Indemnification
Users agree to indemnify and hold HoopFrog harmless from any claims, damages, or losses arising from their use of the platform or violation of these Terms of Agreement.
Acceptance
By using HoopFrog, you acknowledge that you have read, understood, and agreed to these Terms of Use.
If you do not agree, please exit immediately and do not use the platform.
