1. HokuApps Service These Terms of Service apply to all users of the HokuApps Site and/or HokuApps Software (collectively, the “HokuApps Service”). You expressly acknowledge and agree that HokuApps shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website, even if such third-party website is accessible through the HokuApps Service. Users may provide information through the HokuApps Service such as links to unrelated third party websites, and in such event, HokuApps does not have the ability to direct or control any aspect of the internet websites of any such third party websites.
2. Beta Phase You acknowledge that the HokuApps Service is currently in beta phase and is still being developed. You understand and acknowledge that, at any time and without notice, any and all data may be completely or partially lost, the product may be inoperable or incomplete and is likely to contain errors and bugs. HokuApps does not make any representations that the HokuApps Service will be complete or generally available. The details, specifications, and features of the HokuApps Service shall be considered the Confidential Information of HokuApps. In addition to the disclaimers in Section 9 (Limitation of Liability), any use of the HokuApps Service shall be at your sole and exclusive risk, and you shall defend, indemnify, and hold harmless HokuApps for your use of the HokuApps Service. HokuApps shall have no responsibility or liability for any malfunction, lack of performance, lost or corrupted data or any other issue or liability related to or arising from the HokuApps Service.
4. Term and Termination A. These Terms of Service are in effect for the duration of your use of the HokuApps Service (the “Term”), unless earlier terminated pursuant to this Section 3 (Term and Termination). B. If you materially breach these Terms of Service and if the breach is curable and you do not cure such breach within three (3) days written notice of such breach, then your use of the 88 Bulls Service will be terminated and you shall cease use of the HokuApps Service. C. If either party declares bankruptcy, ceases to operate in its normal course, or is declared insolvent by a court located in a competent jurisdiction, then either party terminate these Terms of Service and cease use of the HokuApps Service prior to the end of the Term. D. You may terminate use of the HokuApps Service and these Terms of Service at any time for convenience with prior written notice to HokuApps; provided, however, you will not receive any credits or refunds as a result of such termination for convenience for prepaid amounts paid in connection with these Terms of Service and/or the HokuApps Service. E. HokuApps has a right to terminate these Terms of Service and the HokuApps Service at any time at its convenience with ten (10) days’ prior notice. F. Upon termination of these Terms of Service, your right to use the HokuApps Service shall also terminate. You shall also return or destroy any information and materials provided by HokuApps to you in connection with these Terms of Service and/or the HokuApps Service.
6. Intellectual Property Rights HokuApps and its successor or assigns (or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the HokuApps Service (including all related software and source code) and any suggestions, concepts, inventions, processes, content, works of authorship, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the HokuApps Service. These Terms of Service are not a sale and does not convey to you any rights of ownership in or related to the HokuApps Service, HokuApps technology, or intellectual property rights. The HokuApps name, logo, and the product names associated with the HokuApps Service (e.g., HokuApps) are trademarks of HokuApps or its affiliated companies, and no right or license is granted to use them. HokuApps reserves all rights not expressly granted in and to the HokuApps Service. Other than expressly permitted herein, you agree to not engage in the use, copying, or distribution of any of the HokuApps Service.
7. Data Submissions A. The HokuApps Service permits uploading of select data, information or material that you or others submit to the HokuApps Service (“Data Submissions”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Data Submissions and the consequences of posting or publishing them. HokuApps shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data Submissions. You are fully liable for the legality of all Data Submissions stored by the HokuApps Service. Furthermore you are fully liable, if such Data Submissions are infringing upon third party rights, and accordingly agree to indemnify HokuApps for all claims and losses related to such infringement and/or illegality. B. User submitted data do not necessarily represent the views or opinions of HokuApps, and HokuApps makes no guarantees as to the validity, accuracy or legality of any data. HokuApps expressly disclaims any and all liability in connection with Data Submissions. In connection with Data Submissions, you represent, warrant, and covenant that you will: (i) own or have the necessary licenses, rights, consents, and permissions to use and authorize HokuApps to use all intellectual property rights in and to any and all Data Submissions to use the Data Submissions in accordance with the HokuApps Service and these Terms of Service; (ii) have the written consent, release, and/or permission of each and every identifiable individual person in the Data Submission to use the name or likeness of any person included in the Data Submissions; (iii) not publish falsehoods or misrepresentations that could damage HokuApps or any third party; (iv) not submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) not impersonate another person; (vi) not send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) not interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) not attempt to gain unauthorized access to the HokuApps Service or its related systems or networks. C. By submitting the Data Submissions to HokuApps, you hereby grant HokuApps a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data Submissions in connection with the HokuApps Service and HokuApps' (and its assignees or successor's) business, including without limitation for promoting and redistributing part or all of the HokuApps Service (and derivative works thereof) by any means and in any format. For the avoidance of doubt, you retain all of your existing ownership rights in your Data Submissions. D. Without any liability to you, HokuApps may terminate or suspend your or any user’s access to the HokuApps Service without prior notice and in its sole discretion. HokuApps shall base such termination or suspension on the violation of the Terms of Service, including violations of any law or infringement of third party rights. E. Your Data Submissions and any other data exchanged on the HokuApps Service may be stored outside the United States and the European Union, and such data may be stored in various countries across the world. F. HokuApps requires that no personally identifiable information or personal health information be part of any Data Submissions or otherwise used in connection with the HokuApps Service. HokuApps has not taken precautions designed for managing personally identifiable information or personal health information in connection with the HokuApps Service. If any personally identifiable information or personal health information is accessible in connection with the HokuApps Service, you further agree not to collect or access any such information from the HokuApps Service. G. HokuApps reserves the right to discontinue any aspect of the HokuApps Service at any time.
8. Confidential Information A. Except in accordance with the provision and use of the HokuApps Service pursuant to these Terms of Service, you shall not disclose to any third party any Confidential Information of ** Bulls, nor use such Confidential Information in any manner other than solely to use the HokuApps Service. “Confidential Information” shall mean any non-public information or materials provided by 88 Bulls in connection with these Terms of Service and to the extent such information or materials would be considered confidential by a reasonable person. You shall use the same standard of care to safeguard the HokuApps Confidential Information as you do to protect your own confidential information (but in no event less than a reasonable degree of care). B. The foregoing restrictions around Confidential Information do not apply to any information that (i) is publicly disclosed through no fault of your, (ii) becomes known to you from a third party having no obligation of confidentiality, or (iii) is independently developed by you without reference to HokuApps’ Confidential Information. Each party shall be permitted to disclose information to the extent legally required. C. You will keep confidential all passwords and/or other access credentials related to the HokuApps Service.
9. Mutual Warranty and Warranty Disclaimer A. Each party represents, warrants, and covenants that it has the authority and legal enforceable ability to agree to these Terms of Service. If you represent an entity (corporate or otherwise), you possess the power, ability, and authority to bind such entity to these Terms of Service. You further represent, warrant and covenant that you have not falsely identified yourself or provided any false information to gain access to HokuApps. B. THE SERVICE OFFERINGS ARE PROVIDED “AS IS.” HokuApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OTHER THAN THOSE EXPRESSLY LISTED IN THESE TERMS OF SERVICE, IF ANY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICE OFFERINGS OR THE THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE SERVICE OFFERINGS OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, HokuApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability A. IN NO EVENT SHALL HokuApps, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS, GOODWILL, USE, DATA, OR ANTICIPATED SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER HokuApps NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS OR AGENTS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE HokuApps SERVICE, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THESE TERMS OF SERVICE OR YOUR USE OF OR ACCESS TO THE HokuApps SERVICE OFFERINGS, (II) THE DISCONTINUATION OF ANY OR ALL OF THE HokuApps SERVICE OFFERINGS, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE HokuApps SERVICE FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF OR ACCESS TO THE HokuApps SERVICE OFFERINGS; (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE HokuApps SERVICE BY ANY THIRD PARTY; (E) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (F) ANY LIABILITY TO YOUR BUSINESS, INCLUDING TO THE EXTENT SUCH BUSINESS IS AFFECTED BY A SERVICE DISRUPTION OF ANY KIND. B. THE AGGREGATE LIABILITY OF HokuApps UNDER THESE TERMS OF SERVICE WILL BE LIMITED TO THE LESSER OF: (I) FIFTY UNITED STATES DOLLARS ($50 USD) PER AUTHORIZED USER; OR (II) THE AMOUNT YOU ACTUALLY PAY HokuApps UNDER THESE TERMS OF SERVICE FOR THE HokuApps SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTHS PRECEDING THE CLAIM. C. YOU SPECIFICALLY ACKNOWLEDGE THAT HokuApps SHALL NOT BE LIABLE FOR DATA SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. D. The HokuApps Service is controlled and offered by HokuApps from its facilities in Hong Kong. HokuApps makes no representations that the HokuApps Service is appropriate or available for use in other locations. Those who access or use the HokuApps Service from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law. E. You are prohibited from bringing any cause of action arising out of or related to the HokuApps Service and/or these Terms of Service after a period of six (6) months after the cause of action arose. If such cause of action is not brought within such six (6) month period, then the cause of action is permanently barred. For the avoidance of doubt, HokuApps has no such limitation on raising claims against you with respect to your use of the HokuApps Service, these Terms of Service, or otherwise in connection therewith.
11. Indemnity You shall defend, indemnify and hold harmless HokuApps, its officers, directors, employees, contractors, agents, affiliates and licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the HokuApps Service or Data Submissions; (ii) your violation of any term of these Terms of Service; or (iii) your violation of any third party right, including without limitation any privacy, intellectual property, or proprietary right.