Date of last modification: 19/12/2023
The French company DAZZ ("Dazz" or "us"), a
simplified joint stock company located at 11 rue du chalet 25620
Tarcenay, France, operates the Hoop application (which we refer to
as "Hoop" or the "Service") which allows its
users to make new friends online.
By downloading, using
or accessing the Service, whether you are a private individual or a
representative of a legal entity ("you"), you become a
user of the Service. We have written these Terms of Service (which
we call the “Terms”) to inform you of the rules that govern your
relationship with us when accessing and using the Service. These
Terms are a legally binding contract between you and Dazz. We
therefore invite you to read them carefully and to refer to them if
necessary at any time from the Service.
By using the
Service, you agree to accept these Terms. Of course, if you do not
accept them, you must not use the Service.
Children under 13 years old are not allowed to create an account or
use the Service. If you are a minor over 13 and under 15, you can
only create an account and use the Service with the permission of
one of your parents or from your legal guardian.
Access
and use of the Service assumes that you provide us with personal
data about yourself, under the terms of our Privacy
Policy.
By using the Service, you declare that:
•
You have the capacity to enter into a legally binding contract with
Dazz.
• You are not prohibited from using the Service under
the laws in force in France or in any other country.
• You
have not previously been unsubscribed by Dazz from the Service.
•
You unreservedly accept the Terms (including the Community
Guidelines and the Safety
rules which supplement them) and the Privacy Policy, in their
version in force when using the Service.
• You will comply
with these Terms and all applicable laws, rules and regulations,
locally, regionally, nationally or internationally.
If
you are using the Service on behalf of a business or other entity,
you declare that you are authorised to bind the business or entity
that you represent under the conditions of the Terms and the Privacy
Policy.
If you do not meet the above conditions or do
not wish to provide the required information or confirm your
acceptance of the Terms and/or the Privacy
Policy, you may not register or access the Service.
Registration for the Service is free and takes place through your
Google or Apple account or with your email address.
Registration
for the Service leads to the creation of a Hoop account which is
specific to you. Your Hoop account has a public profile that you
can, if you wish, complete with information about you. You can edit
or delete your profile information at any time and change the
privacy settings.
You agree to provide complete and
accurate information associated with your Hoop account.
You
are responsible for all activity on your Hoop account. It is
therefore important to ensure that your account is secure.
By
using the Service, you agree to:
• Not create a new account
if we have deactivated your old account, unless you have received
written authorisation from us.
• Not buy, sell or rent in any
form whatsoever your access to your Hoop account without having
received our written authorisation.
• Not disclose your
password.
• Not log in or attempt to access the Service
through unauthorised third party applications.
If you
believe that someone has accessed your Hoop account, please contact
hello@hoop.photo immediately
Your content
Our Service
allows you to create, upload, post, send, receive and store content
for the purpose of meeting new friends online.
When you
provide us with content, you retain all ownership rights over that
content. However, you grant us a licence to use such content.
We
call Hoop profiles items intended to be seen by other users. You
grant to Dazz a worldwide, royalty-free, assignable and
sublicensable licence which authorises the hosting, storage, use,
display, reproduction, modification, adaptation, editing,
publication and distribution of these contents. The sole purpose of
this licence is to enable the operation, development, execution,
promotion and improvement of the existing Service, as well as the
research and development of new services.
Although we are
not obligated to do so, we may view, review, filter and remove your
content at any time and for any reason, including to provide and
develop the Service or if we believe your content violates these
Terms. You are, however, solely responsible for the content you
create, upload, post, store or send through the Service.
If
you give us your opinion or suggestions, please be aware that we can
use your ideas without paying you.
Content from other
users
Much of the content on our Service is produced by
users. This content is the sole responsibility of the person or
organisation that submitted it. Although Dazz reserves the right to
review or delete all content on the Service, we do not
systematically verify this content in its entirety. For this reason,
we cannot and do not take any responsibility for the content
provided by others through the Service.
In these Terms
and in the Community
Guidelines, we make it clear that we do not want the Service to
be misused. However, we cannot systematically verify all the
content. Therefore, we cannot guarantee that the content produced by
users of the Service always complies with the Terms and Rules.
The Service is based on the use of software that we provide to you, which may automatically download and install upgrades, updates, or other new features. You can set and adjust these automatic downloads using your device settings.
Use of the Service is free, we do not ask you to pay for
downloading or using the Service.
However, access to the
Service requires having a terminal (smartphone, tablet, etc.)
connected to the Internet. You are responsible for all costs
associated with your use of our Service through your terminal, in
particular for sending SMS and using the Internet. If you are unsure
of the amount of these charges, check with your telecommunications
operator before using the Service.
We may need to extend our Service and add additional terms of
use. These additional conditions are accessible when accessing
specific services and form an integral part of the Terms. Should
there be any contradiction, the additional terms of use take
precedence over the other conditions of the Terms.
When
the Service allows access to third party services, only the third
party's terms of service are applicable.
The Service offers the
purchase of 💎 (which we refer to as “Integrated Purchases”)
for use in the Service. Integrated Purchases are not necessary to
use the Service and have access to all the features. Details of
Integrated Purchases and their prices are specified in the
Service.
You acknowledge that you are fully responsible
for the amount you spend on Integrated Purchases offered by the
Service.
The purchase of Integrated Purchases is handled
by the download platform used to download Hoop (App Store for iOS or
Google Play for Android). The conditions of use of these platforms
apply when purchasing Integrated Purchases. We recommend that you
read them before making a purchase. If you encounter a problem
during a purchase, you can directly contact the download platform
(App Store for iOS or Google Play for Android).
When you
purchase an Integrated Purchase, you expressly agree that its
content will be made available to you immediately and waive your
right of withdrawal with respect to that purchase. Integrated
Purchases do not give the right to any refund.
You may purchase a Hoop+ subscription, which will entitle you to various perks and benefits across the Hoop Platform. A Hoop+ subscription is a weekly renewing subscription plan.
Payment will be charged to your iTunes or Google account when you confirm your purchase. Your subscription will renew automatically for the same amount of time as your original subscription unless you switch off the auto-renew feature at least 24 hours before the end of your current subscription.
This is because your account may be charged for renewal within 24 hours prior to the end of your current subscription period. You can manage your subscription and switch off auto-renewal by accessing your iTunes or Google account settings. You may not cancel your current subscription during the subscription period, although you may cancel automatic renewal at any time.
Purchases of Subscriptions are non-refundable and non-transferable, even if they expire or are discontinued. We may change the purchase price for Subscriptions at any time, as well as the features included in Subscriptions. We reserve the right to stop issuing Subscriptions at any time and to set expiration dates for Subscriptions. Subscriptions may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all unused Subscription time without refund or other compensation.
In summary: you may not use the Service or the content on the Service other than as permitted by these Terms. You cannot help someone else to do it either.
The Service (which consists in particular of information, data,
images, photographs, sounds, audiovisual content, graphic charters,
architectures, software, logos, domain names, brands, etc.) is
protected by rights and in particular by intellectual property
rights that belong to Dazz or to third parties.
As soon
as you comply with the Terms, Dazz authorises you to use the Service
for personal purposes to connect with other users. This right is
granted to you only, it is not transferable and remains applicable
during the term of the Terms only. Dazz reserves all other rights
not expressly granted.
In particular, these Terms do not
grant you any right to do the following (or authorise another person
to do so):
• use the trademark, logos, designs, photographs,
videos or any other element used in our Service;
• copy,
modify, distribute, sell or rent all or part of our Service, nor
reverse engineer or attempt to extract the source code of the
software that makes up the Service, unless the laws expressly
authorise you to do so or if we have given you our written
permission;
• copy, archive, extract, download, upload,
distribute, publish, broadcast, perform, display, make available or
otherwise use any part of the Service or content on the Service,
except as otherwise provided in these Terms;
• use the
Service, the tools provided by the Service or any other content on
the Service for commercial purposes without our consent.
Dazz respects the rights of third
parties. And you must do the same. For this reason, you must not use
the Service or allow another person to use the Service in a way
that:
• violates or infringes upon the right to one's image,
the right to privacy, copyright, trademark law or any other
intellectual property right of a third party;
• constitutes a
form of threat, harassment or intimidation against another user;
•
constitutes an act of defamation against a user or a third party;
•
allows the sending of spam or aims to canvass our users;
• is
contrary to Community
Guidelines.
Generally, if we learn that a user is in
breach of the Terms, we will take reasonable steps in our power to
suspend and possibly close that user's account.
We take particular care to ensure that our Service is a secure
space for all users. However, we cannot guarantee it. That's where
you come in. By using the Service, you agree to:
• not use
the Service for purposes that are illegal or prohibited by these
Terms or applicable law;
• not use a robot or any other
computerised means or interface to access the Service or extract
data from other users;
• not use or develop third-party
applications that interact with the Service or the content or data
of other users, without our written permission;
• not use the
Service in a way that could disturb, disrupt, adversely affect other
users or prevent them from fully enjoying the Service, or which
could damage, deactivate, overload the Service or impair its
operation;
• not use or attempt to use another user's
account, username or password without their permission;
• not
ask for the login details of another user;
• not post links
or content of a pornographic nature or with images of violence,
threats, hate speech or incitement to violence;
• not
download viruses or other malicious code, or in any other way
compromise the security of the Service;
• not attempt to
circumvent any security technique such as content filtering measures
or technical protection measures, which we employ or to access areas
or features of the Service which you are not authorised to access;
•
not probe, scan or test the vulnerability of our Service or any
system or network;
• not encourage or promote any activity
that violates these Terms.
To learn more about the
different security steps within Hoop, you can consult our Security
page.
If you notice any activity on the Service that
appears to violate any of the conditions of these Terms, please
notify us immediately using the tools available to you (via the flag
🚩icon or write to us at the address indicated below).
We are constantly improving our Service. This means that we can
add or remove functions, features or products and that we can also
temporarily or permanently suspend all or part of the Service. We
can take these measures at any time without notifying you in
advance.
In this case, we may need to modify the Terms
and we will post the new Terms on Hoop.
When you use a
new version of Hoop you accept the new Terms, as indicated in point
1 above.
You will be informed when you log in to the
Service of any important modification that may be made to the Terms.
If you do not wish to accept the new Terms, you should not access
the Service.
When you no longer wish to accept the Terms,
you can terminate them at any time according to the rules provided
for in point 8 below.
The Terms apply from your acceptance, when you use the Service.
They are concluded for an indefinite period.
Of course,
we hope you will always stay on Hoop. You may, however, terminate
these Terms at any time and for any reason by deleting your
account.
Dazz may also terminate the Terms relating to
you at any time for any reason. In other words, we may stop
providing our Service to you. For example, we may notify you by a
visible message on Hoop that we are suspending or terminating the
Service. We may also deactivate your account, at any time and
without notice, in the event of a breach of the Terms or if Dazz is
required to do so by applicable law or regulation.
When
the Terms are terminated, for whatever reason, we deactivate your
account and delete your data, unless their retention is
necessary.
You can re-register for the Service at any
time if you meet the requirements set out in the Terms.
In
all cases, you remain responsible for the obligations which are
imposed on you under the Terms when you use the Service and the
termination does not end the obligations which are intended to
continue beyond the termination.
You may be held liable for any breach of the Terms or any
applicable legislation.
You are responsible for your use
of the Service and the choices you make.
You agree, to
the extent permitted by law, to indemnify, defend and hold harmless
Dazz, members of its management, staff, shareholders, employees,
licensors and agents, with respect to all complaints, actions,
claims, damages, losses, costs, debts and expenses (including legal
fees) arising directly or indirectly from (a) your access to the
Service or your use of the Service; (b) your content; and (c) breach
of the Terms.
Extent
Dazz is only responsible for its own personal
actions and that of its managers and agents, within the limits
provided for by the applicable legislation during the provision of
the Service, to the exclusion of the third party services.
The
guarantees and conditions not expressly provided for in the Terms
are excluded. In particular, Dazz does not guarantee that the
Service will meet your expectations or needs or that it will allow
you to find new friends online.
Limitation
To
the extent permitted by law, Dazz, members of its management,
shareholders, employees, affiliates, licensor, agents and suppliers
shall not be liable for indirect, related, special, consequential,
punitive or multiple damages, nor for any loss of profit or income,
direct or indirect, nor of any loss of data, of use, of goodwill, or
of any other immaterial damage resulting from the following: (a)
your access to the Service, your use of the Service or your
inability to access or use the Service; (b) the behaviour or content
of other users or third parties present in or through the Service;
or (c) unauthorised access to or use or alteration of your
content.
Disclaimer of warranty
We ensure that
the Service is active and without inconvenience. However, we do not
promise to achieve this.
The Service is provided "as
is" and "subject to availability", to the extent
permitted by law and without warranty of any kind, express or
implied. Additionally, while Dazz strives to provide an optimal user
experience, we do not represent or warrant that (a) the Service will
always be secure, or error-free, (b) that the Service will always
function without delay, disruption, or other defects.
Dazz
assumes no responsibility for any content that you, another user, or
a third party, create, upload, post, send, receive or store on or
through our Service. You understand and agree that you may be
exposed to offensive, illegal, misleading or otherwise inappropriate
content for any reason for which Dazz will not be
responsible.
These Terms do not affect your statutory
rights as a consumer.
We may
have to process your personal data in accordance with our Privacy
Policy. The Privacy Policy
has contractual value.
Dazz and its third party partners,
whose products or services are accessible or advertised through the
Service, may use cookies to collect information about your
activities on Hoop, other sites, and/or the advertisements you have
clicked on. This information makes it possible, as the case may be,
to broadcast personalised advertisements, that is to say to be of
interest to you, and to measure the effectiveness of their
advertising.
These Terms are governed by French law.
Any dispute
relating to the validity, execution or interpretation of the Terms
will be submitted to the competent French courts.
The
provisions relating to consumer protection from which you benefit
under the legislation in force in your country of residence and from
which it is not possible to contractually derogate take precedence
over the Terms.
The Terms together with the Privacy
Policy, Community
Guidelines and Safety
rules constitute the entire agreement between you and Dazz. They
replace and cancel any prior agreement.
We reserve all
rights not expressly granted to you.
You may not assign
or transfer any of your rights or obligations under the Terms
without our prior consent.
You agree that Dazz reserves
the right to transfer the Terms to any third party of its choice,
since this assignment is not likely to result in a reduction of your
rights. Dazz will be released from its obligations as of the
transfer.
No waiver on the part of Dazz can take place
without a written document from us.
If one or more
stipulations of the Terms should prove inapplicable, they will be
independent of the other stipulations and will in no way affect the
validity and enforceability of the other stipulations.
We invite you to send us your comments, questions, queries or suggestions. Please email them to hello@hoop.photo