Terms of Service

Date of last modification: 01/05/2021


Welcome!

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 on Snapchat.

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.


1. Who is eligible to 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.


2. Service registration

Registration for the Service is free and takes place through your Snapchat account with which the Service operates.

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


3. Description and operation of the Service

3.1 Content sharing

Your content

Our Service allows you to create, upload, post, send, receive and store content for the purpose of meeting new friends on Snapchat.

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.


3.2 Changes to the Service

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.


3.3 Costs and technical prerequisites

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.


3.4 Additional conditions applicable to specific services

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.


4. Integrated Purchases

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 Integrated Purchases sales process 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.


5. General restrictions on use and ownership

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.


5.1 Our rights

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.


5.2 Respect for the rights of others

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.


6. Security

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).


7. Modification of the Service

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.


8. Duration and termination of the Terms

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.


9. Liability

9.1 Your liability

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.


9.2 Our liability

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 on Snapchat.

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.


10. Personal data and Cookies

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.


11. Applicable law and competent jurisdiction

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.


12. Miscellaneous

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.


Contact Us

We invite you to send us your comments, questions, queries or suggestions. Please email them to hello@hoop.photo