Terms & Conditions

Welcome to Hook(ist)!  Here’s a rundown on the basics before we get into the required, but very un-lyrical legal stuff.

At Hook(ist), we’re building a vibrant creative community filled with smart, dedicated artists & serious music lovers.  You are welcome to visit and peruse all of the features at Hook(ist) at will, but you must be a member of the community to submit lyrics, comment, vote or build a profile page.  In order to submit lyrics, you must use credits, and you get 5 free credits just for signing up!  When you’ve used them all, you can earn credits by answering trivia questions and you’ll be offered the option of buying more.  Eventually, you’ll be able to earn credits by watching a quick ad!

We want your best work.  Credits cost just 49 cents, so they’re definitely not going to break the bank, but we hope it’s just enough to encourage you to spend a couple of minutes to actually CRAFT a lyric. Please don’t submit just any ole thang.  And, obviously, please only submit your own work.  We think you’ll agree that music (and life!) is far more meaningful when you put a little effort into it.

All sales are final. Credits can be used to purchase any items or services Hook(ist) offers or will eventually offer.

We also want to be up front with you.  Hook(ist) gives you the unprecedented opportunity to collaborate with some of music’s best songwriters and gain insight into their particular creative processes. It is also the opportunity for you to get great exposure for your work, get kudos from top artists and industry leaders, and expand your own fan base. Hook(ist) is NOT a ridiculously cheap way for you to buy yourself a paying gig writing with music’s top artists, so while you will get a credit on the record & a very loud THANK YOU if your lyric is chosen, you will need to allow us to use it for free in the original song we are all writing together and agree not to use it in other songs/projects. If your lyric is NOT chosen to be a part of the song, you retain ownership of it.  Please see the official Terms of Use below. You must agree to these to submit a lyric.

Terms of Use

These Terms of Use are effective on July 7, 2014.

By accessing or using the Hook(ist) website and the related Hook(ist) services (collectively, the “Services”), you agree to be bound by these terms of use (“Terms”). The Services are owned or controlled by Perspicacity Games, LLC (“Hook(ist)”). These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Services.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HOOK(IST) WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Basic Terms

You must be at least 13 years old to use the Services.

You are solely responsible for your conduct, and any data, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post, display or transmit on or via the Services.

You may not post discriminatory, hateful, violent, sexually explicit, unlawful, or infringing Content via the Services.

You are responsible for any activity that occurs through your account.

You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that Hook(ist) has expressly authorized to create accounts on behalf of their employers or clients, Hook(ist) prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself.

You represent that all information you provide, or have provided, to Hook(ist) upon registration and at all other times is and will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You agree that you will not solicit, collect or use the login credentials of other Hook(ist) users.

You are responsible for keeping your password secret and secure.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Services and your Content, including but not limited to, copyright laws.

You must not change, modify, adapt or alter the Services or change, modify or alter another website so as to falsely imply that it is associated with the Services or Hook(ist).

You must not attempt to restrict another user from using or enjoying the Services, and you must not encourage or facilitate violations of these Terms or any other Hook(ist) terms.

Violation of these Terms, as determined by Hook(ist) in its sole discretion, may result in termination of your Hook(ist) account. You understand and agree that Hook(ist) cannot and will not be responsible for the Content posted on the Services, and you use the Services at your own risk. If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Hook(ist), we can stop providing all or part of the Services to you.

General Conditions

We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, and without liability to you. Although we will be very disappointed to see you leave, you can deactivate your Hook(ist) account by sending us an email and we’ll take care of it for you.  If we terminate your access to the Services or you deactivate your account, your Content will no longer be accessible through your account, but the Content may persist and appear within the Services. Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.

We reserve the right, in our sole discretion, to change these Terms (“Updated Terms”) from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms will govern any disputes arising before the effective date of the Updated Terms.

We reserve the right to refuse access to the Services to anyone for any reason at any time.

We reserve the right to force forfeiture of any username for any reason.

We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Hook(ist) is not responsible or liable for the conduct of any user. Hook(ist) reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.

There may be links from the Services, or from communications you receive from the Services, to third-party web sites or features. There may also be links to third-party web sites or features in content submitted by other users within the Services. The Services also includes third-party content that we do not control, maintain or endorse.

Functionality on the Services may also permit interactions between the Services and a third-party web site or feature, including applications that connect the Services or your profile on the Services with a third-party web site or feature. For example, the Services may include a feature that enables you to share Content from the Services or your Content with a third party, which may be publicly posted on that third party’s service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Hook(ist) does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Hook(ist) is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICES ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Services or your profile on the Services with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Services profile. By using such Applications, you acknowledge and agree that: (i) if you use an Application to share information, you are consenting to information about your profile on the Services being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Hook(ist) has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Hook(ist) Parties (defined below) harmless for activity related to the Application.

You agree that you are responsible for all data charges you incur through use of the Services.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Services via automated means, including but not limited to, user profiles and Content (except as may be the result of standard search engine protocols or technologies used by a search engine with Hook(ist)’s express consent).

Rights

Users of the Services post Content in the form of one-line or multi-line lyric ideas that may or may not be chosen by the community of other Users or the guest artists to become part of a song that the Hook(ist) community is writing together as a collaboration (a “Hook(ist) Song”).  If your Content is chosen to be a part of a Hook(ist) Song,

  • the Content may be used verbatim or as inspiration by the guest artist; and
  • the chosen Content becomes Hook(ist) Content (as defined below), and you relinquish all rights to such Content to Hook(ist), including any rights to make future use of the Content in any way.

Except for any Content that is chosen to be part of a Hook(ist) Song, Hook(ist) does not claim ownership of any Content that you post on or through the Services. Instead, you hereby grant to Hook(ist) a non-exclusive, irrevocable, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Services, subject to our Privacy Policy, available here: http://www.Hookist.com/privacy/.

You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services; and (iv) you have the legal right and capacity to enter into these Terms in your jurisdiction.

The Services contain content owned or licensed by Hook(ist) (“Hook(ist) Content”). Hook(ist) Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Hook(ist), Hook(ist) owns and retains all rights in the Hook(ist) Content and the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Hook(ist) Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Hook(ist) Content.

The Hook(ist) name and logo are trademarks of Hook(ist), and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hook(ist). In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Hook(ist), and may not be copied, imitated or used, in whole or in part, without prior written permission from Hook(ist).

Although it is Hook(ist)’s intention for the Services to be available as much as possible, there will be times when the Services will be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Hook(ist) reserves the right to remove any Content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Hook(ist), including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Hook(ist) encourages you to maintain your own backup of your Content. Hook(ist) is not a backup service, and you agree that you will not rely on the Services for the purposes of Content backup or storage. Hook(ist) will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.

You agree that Hook(ist) is not responsible for, and does not endorse, Content posted within the Services. Hook(ist) does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms, you may bear legal responsibility for that Content.

Except as otherwise described in our Privacy Policy, available at http://www.Hookist.com/privacy/, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Hook(ist) is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Hook(ist) in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Hook(ist), and Hook(ist) will not be liable for any use or disclosure of any Content you provide.

Reporting Copyright and Other IP Violations

We respect other people’s rights, and expect you to do the same.

We provide you with tools to help you protect your intellectual property rights. To learn more about how to report claims of intellectual property infringement, visit: http://www.copyright.gov/legislation/dmca.pdf

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

THE SERVICES, INCLUDING, WITHOUT LIMITATION, HOOK(IST) CONTENT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HOOK(IST) NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “HOOK(IST) PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE HOOK(IST) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HOOK(IST) OR VIA THE SERVICES. IN ADDITION, THE HOOK(IST) PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE HOOK(IST) PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE HOOK(IST) PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE HOOK(IST) PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE HOOK(IST) PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

THE HOOK(IST) PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE HOOK(IST) PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) THE HOOK(IST) CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HOOK(IST) PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HOOK(IST) PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICES). IN NO EVENT WILL THE HOOK(IST) PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE HOOK(IST) PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HOOK(IST)’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICES, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HOOK(IST) PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HOOK(IST) PARTIES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

HOOK(IST) IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Services) agree to defend (at Hook(ist)’s request), indemnify and hold the Hook(ist) Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your Content or your access to or use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Hook(ist) in the defense of any claim. Hook(ist) reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Hook(ist).

Arbitration

Except if you opt-out or for disputes relating to your or Hook(ist)’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Hook(ist) (whether or not such dispute involves a third party) with regard to your relationship with Hook(ist), including without limitation disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Hook(ist) hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Hook(ist) will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Hook(ist) is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Hook(ist) or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

You may opt out of this agreement to arbitrate. If you do so, neither you nor Hook(ist) can require the other to participate in an arbitration proceeding. To opt out, you must notify Hook(ist) in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Hook(ist)
70 East 10th Street Ste 14M
New York, NY 10003

You must include your name and residence address, the email address you use for your Hook(ist) account, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Hook(ist).

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Hook(ist) must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. The Parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Hook(ist) exclusively in a state or federal court located in New York, New York, and to submit to the personal jurisdiction of the courts located in New York County for the purpose of litigating all such disputes.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Hook(ist)’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Hook(ist) reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Hook(ist).

Entire Agreement

If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Hook(ist) and governs your use of the Services, superseding any prior agreements between you and Hook(ist). You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Hook(ist). Any purported assignment or delegation by you without the appropriate prior written consent of Hook(ist) will be null and void. Hook(ist) may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Hook(ist) to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Hook(ist) provides.

Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms were written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version controls.

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