Terms and Conditions

ELIGIBILITY

By accessing this WebApp, You represent and warrant that:

• You are 18 years or above, or You are above 13 years and accessing the WebApp with guardian consent
• You can legally enter into a contract in accordance with the Indian Contract Act 1872 and agree to be bound by Terms.
• You are not legally barred from accessing the WebApp.
• You are responsible for maintaining the privacy and security of your account.
• You may not use the Services for any illegal purpose or violate any laws in your jurisdiction.

You must notify us immediately in case of any changes in your ability to access the WebApp.

To the extent permissible under applicable law, we may, in our sole discretion, refuse to offer the Services to any person or entity and change these eligibility requirements at any time.

REGISTRATION

You may be required to register yourself to avail certain sections of the WebApp. To register on the WebApp of Hubhopper, You shall be required to create an account by providing us your name, email id and generate the password and You may be required to provide any other information relevant to create your account.

You are entirely responsible for maintaining the confidentiality of your password and account. You expressly agree to absolve Hubhopper of any responsibility/liability in this regard.

To protect your user account, we encourage You to:

• use a strong password which You only use for your Hubhopper account
• never share your password with anyone
• limit access to your computer and browser

log out once you have finished using the Hubhopper Service on a shared device

If You as an individual registered using a corporate email domain or in the name of the business entity, that entity is the User/You in these Terms, and these Terms refer to that User entity except where otherwise specified. Individuals authorized by You to access the WebApp (an “Authorized User”) may submit User Content (as defined below) and provide us with instructions on what to do with such User Content. For example, You may create or delete a podcast, manage permissions, change settings, add or delete authorized users, or set podcasts to be public or private.

You will (a) inform Authorized Users of all Customer policies and practices that are relevant to use of the Site and of any settings that may impact the processing of User Content; and (b) ensure the transfer and processing of User Content under the Terms is lawful.

Hubhopper will not permit:

• Any other person using the registered sections under your name.
• Access through a single name being made available to multiple users on a network.
• Any transfer of account to any third party without Hubhopper’s prior permission

DESCRIPTION OF SERVICES

Hubhopper provides a range of Service options. While certain Services are provided free of charge while some require payment before they can be accessed (“Subscriptions”).

We ensure to maintain our Services with reasonable care and skill. However, our Service offerings are subject to subject to modification as required from time to time and subject to applicable laws.

The Service may be temporarily unavailable due to technical issues, maintenance or testing, or updates, such as those required to respond to changes in applicable laws and regulatory requirements.

We strive to constantly evolve and improve our Service, and we reserve the right to modify, suspend, or discontinue (permanently or temporarily) providing all or a portion of the Service.

Hubhopper is not obligated to offer any specific content through the Service and content may be removed at any time by Hubhopper without prior notice.

The content provided to You via this WebApp may or may not be wholly owned by Hubhopper and Hubhopper does not claim any ownership rights for the same. Hubhopper may also provide the content to its users through its allied partners and Hubhopper shall not take liability for the content that is not owned by it.

Hubhopper shall also be providing Hubhopper Original content, for which Hubhopper may or may not own all the rights but may have rights limited to hosting and distribution.

The content provided to You via this WebApp is discovered by Hubhopper and its community. All Intellectual property rights with respect to content may be owned by the publishers and content creators, not Hubhopper. Such content available over the WebApp is directly streamed from the host servers and the copyright holder of such content may at any time request for the removal of their content through the “Add/Remove” option on our Main Page or by writing to us at support@hubhopper.com.

USAGE

Hubhopper grants you a non-exclusive, non-transferable, revocable, limited license to access this WebApp.

In order to provide access of the WebApp to You, You may be requested to register and/or provide and/or confirm information about yourself. You represent that any information provided by you will always be true, accurate, complete, and updated.

The content displayed on the WebApp is for your personal and non-commercial use only and may not be shared with individuals for any use other than non-commercial use. You are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any content displayed on this WebApp without any express consent of Hubhopper.

You may access the content primarily within the country where you created your account and only in geographic locations where we provide our service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time.

You agree that you are solely responsible for (and that Hubhopper has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Hubhopper may suffer) of any such breach.

You agree to comply with all its obligations under applicable data protection and privacy legislation including the Information Technology Act, 2000, and the subsequent rules made thereunder, and any replacement or repealing legislation.

Some content is available for temporary download and offline listening on certain supported devices (“Downloads”). We withhold the right to put limitations that may apply, including restrictions on the number of Downloads per account, the maximum number of devices that can contain Downloads, the time period within which You will need to begin listening to Downloads, and how long the Downloads will remain accessible. Some Downloads may not be playable in certain countries and if You go online in a country where You would not be able to stream that Download, the Download will not be playable while You are in that country.

The WebApp is currently accessible via computer or on a mobile phone or through its allied partners and in future could be accessed through other mediums as well (collectively called “Devices”), and the downloading of its content and Services can only be accessed through a valid internet connection.

Hubhopper is not responsible for any unavailability of content and Services due to connectivity issues, therefore, You are solely responsible for checking with your Internet Service provider to make sure a valid internet connection is available for your device(s). Nevertheless, all use of the WebApp and related services must be in accordance with these terms and conditions.

LICENSE TO HUBHOPPER

By providing content on Hubhopper, You grant to Hubhopper a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including right to use, copy, modify, reproduce, distribute, prepare derivative works, display and perform it). Hubhopper may only use that Content in connection with the Service and Hubhopper’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

USER GENERATED CONTENT

• You may post, upload or otherwise create content which (which may include, for example, images, texts, messages, information, audio, audio-visual clips, playlist titles, descriptions and compilations (collectively referred to as “User Content”) on the WebApp and You retain the ownership of User Content.
• You agree not to post, upload, or otherwise create content if You are not the owner of or do not have all required rights, licenses and other ancillary permissions.
• You grant Hubhopper certain non-exclusive rights for providing services including but not limited to publish, distribute, host and monetize of User Content. You grant Hubhopper the following non-exclusive rights: a worldwide, sublicensable and transferable right to use, copy, modify, publish, distribute, and process content, information and other relevant materials that You provide through the WebApp, without any further consent, notice or compensation to You or others.
• Any User Content shared by You shall be subject to applicable laws and regulations and may be disabled, subject to a takedown, or may be subject to an investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the applicable laws and regulations, these Terms of Use and/or the Privacy Policy, Hubhopper, at its sole discretion, shall have the right to terminate your account and/or block your access to the Services.
• Other Users may access and share your User Content and information, via the Site, social media, email, and otherwise.
• If You wish to remove your User Content from the WebApp, You can do that directly through the option provided on our Main Page or you send an email to support@hubhopper.com and we will do so within 7 business days of receiving the request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after You request removal.)
• You are solely responsible for the User Content that You make available via the WebApp. Hubhopper does not make any review of the User Content and Hubhopper is merely providing You a platform for the online distribution and for publication of your User Content. Hubhopper is not responsible for the content of the activities of the Users in any manner.
• You acknowledge that by providing you the ability to create, upload and distribute User Generated Content, Hubhopper is acting as a mediator platform for distribution of such content, and is not undertaking any obligation or liability relating to the User generated Content and activities.
• Hubhopper does not take guarantee of the accuracy, integrity, completeness, non- infringement or quality of such content.
• You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
• You will not post information that is malicious, false or inaccurate;
• You will not submit any User Content that may be deemed as pornography, paedophilic, defamatory, hate speech or symbols, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, bullying, Violent Threat, Suicide, Self-injury, harassing on the basis of gender, ethnically objectionable, deceptive or fraudulent, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force, encouraging criminal or harmful conduct, or which otherwise violates the rights of Hubhopper or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights).
• You will not upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the services
• You will not submit the User Content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
• You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless You are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content, or unless your use of the content is within the scope of fair use;
• You will not use the personal data of any individuals that did not consent on such use, and You will comply with all your obligations as data controller of the personal data You use (under any applicable rules, including the General Data Protection Regulation), accepting sole liability for any data protection breaches and agreeing to indemnify us, and hold us harmless, for any claim made against us on the grounds of a data protection violation committed by You or in relation to your User Content; Complying with your obligations as data controller include using personal data of third parties only for lawful purposes, obtaining express consent or relying on other available processing grounds; ensuring the accuracy and correctness of the data you share; comply with any requests from the data subjects to access, correct and remove any such data; comply with security obligations. Please refrain from using personal data of third parties in your content if You cannot ensure compliance with the applicable laws.
• You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that You make available or access through your use of the WebApp is solely your responsibility.
• Hubhopper is not responsible for any public display or misuse of your User Content. Hubhopper does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we use, may monitor and/or record your interactions with the WebApp.

RESTRICTIONS ON YOUR USE

You agree that:

• You will not use the WebApp, or any content provided thereof for any purpose that is illegal, unlawful or prohibited by this Agreement.
• You will not access (or attempt to access) the content provided through the WebApp by any other medium other than through the WebApp, unless You have been specifically allowed to do so in a separate written agreement with Hubhopper.
• You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the WebApp or any component or content thereof, available to third parties.
• You will not circumvent or disable any digital rights management, usage rules, or other security features of the WebApp; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the WebApp; and not use the WebApp in a manner that threatens the integrity, performance, or availability of the WebApp.
• You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the WebApp or the Content. Nor may You use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.
• You may not use any robot, spider, other automatic devices, or manual process to monitor or copy our WebApp or the Content without Hubhopper's prior written permission.
• You may not use or otherwise export or re-export the WebApp or any portion thereof, the Content or any software available on or through the WebApp in violation of the export control laws and regulations of India.
• You will not attempt to or engage in any activity that may collect information about other users of the WebApp for any illegal or unlawful purpose; create any user accounts by automated means or under false or fraudulent pretenses for using the WebApp; transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the WebApp;
• You will not use the WebApp in any manner that
• could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the WebApp, or interfere with any other third party's use and enjoyment of the WebApp;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the WebApp; or obtain any materials or information through any means not intentionally made available, in the opinion of Hubhopper, through the WebApp.
• You will not impersonate another person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent your affiliation with any person or entity, including, but not limited to our officials, employees, agents, partners, affiliates, dealers and franchisees.
• You will not use the WebApp or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
• You will not encourage or enable any other individual to do any of the foregoing.

RIGHT TO MONETIZE

You grant Hubhopper the right to monetize your Content through the Hubhopper Platform (and such monetization may include stitching ads on Content). You may become eligible for revenue sharing with us from ads being served on your content. To know if You are eligible for revenue sharing or opting out of this monetization program, Please write to us at support@hubhopper.com .

PAYMENT AND BILLINGS

After successful registration of your account, If You want to opt for Pro Plan for accessing the exclusive services of Hubhopper Studio in the Territory where You reside, You will be required to pay fee as per package options as may be made available by Hubhopper from time-to-time (“ Subscription Fee ”).

The subscription Fee is exclusive of all applicable taxes.

You will be required to make the payment through the WebApp Portal as prescribed or available to become a Pro Plan User. On successful completion of the payment towards the Subscription Fee and post authentication, Service subscribed by You will become active and You will be granted access to the Service. Your Pro Plan will continue until terminated. In certain cases, post-completion of the payment of the Subscription Fee, Your Service activation may be delayed due to operational and/or technical reasons.

To use the Pro Plan service, You must have an active internet connection and a supported device, and provide us with one or more Payment Methods.

“Payment Method” means a valid, acceptable method of payment, as may be updated from time to time, and which may include payment through your account via a third party. Unless you cancel your Pro Plan subscription before your billing date, you authorize us to charge the Subscription Fee for the next billing cycle to your Payment Method. (See “Cancellation” below).

If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, Your account will be suspended and Your access to the Service will be stopped until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending upon your location and on the Payment Method used.

In case the payment has been debited but the subscription has not started, or payment has been debited twice, You may write to us at support@hubhopper.com . We shall investigate and shall issue a refund within 5-7 business days after verification.

Hubhopper may offer subscription plans which may include plans offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties.

Subscription plans and the price of Services offered may change from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to You.

Please write to us at support@hubhopper.com for any payment-related query.

CANCELLATION

You can cancel your Pro Plan service at any time, and You will continue to have access to the Pro Plan through the end of your Billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial time periods or unused Pro plan Use. To cancel, go to settings page and click the pricing option and then cancel for cancellation of the subscription. If You cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, go to settings and click "Pricing" on the Main page. If You signed up for Pro Plan using your account with a third party as a Payment Method and wish to cancel your subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Pro Plan subscription service through that third party.

MONITORING

Although Hubhopper is not obligated to monitor access of the WebApp or to review or edit the Content, We have the right to do so for the purpose of operating the WebApp and to ensure compliance with the Terms or other legal requirements as per law. In case we receive a written claim against You claiming that your User Content infringes upon individual rights, we may contact You to address the claim and give You the opportunity to solve it directly with the claimant. We may also give You the opportunity to challenge such claim and provide your defense. Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms of Use. Our decision is final and unappealable and may result in the removal of your content, the suspension or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.

TERMINATION

• Hubhopper may, at its sole discretion terminate its legal agreement with you, including termination of your account, if any provisions of Terms or Privacy Policy are breached directly or indirectly. Hubhopper reserves the right to deny You Services without any express reason.
• You acknowledge and agree that if Hubhopper disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.
• Hubhopper may also terminate the agreement with you if:
• It is required to do so by law.
• It poses a security risk to the Services or any third party
• The provisions of Services provided are no more commercially viable.
• It is found that You collect information about other users of the WebApp for any illegal or unlawful purpose
• The third party, if any, with whom we offered the WebApp to you has terminated its relationship with us or ceased to offer the related services to us or to you;
• You have infringed any Terms of this agreement.
• Upon termination of this agreement, all of the legal rights, obligations and liabilities that You and Hubhopper have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and shall continue to apply to such rights, obligations and liabilities indefinitely to the extent permitted by law

INTELLECTUAL PROPERTY RIGHTS

• Your use of the WebApp is and at all times shall be governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of the intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your access of the WebApp.
• Hubhopper does not own and retain all the Intellectual Property Rights with respect to the content made available to you through the WebApp but only owns the intellectual property with respect to the content which is owned by Hubhopper. The content available on the WebApp include third party materials. You acknowledge that such third parties retain ownership and all rights in such materials and You will not infringe the rights of any such third parties in any manner, including without limitation, reverse engineering, decompiling, disassembling or otherwise tampering with such materials. The Content is protected by copyright, patent, trademark and other laws and proprietary rights and all ownership rights to them remain with (as the case may be) the relevant third parties or Hubhopper, their licensors or its suppliers.
• The trademarks, brands, and service marks under which the WebApp run are registered under the Trademarks Act,1999 and other applicable laws, and constitutes the sole property of Hubhopper and it owns all the copyrights and databases in relation to it. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of Hubhopper. You further agree not to make use of the content in a manner that would infringe the copyright therein. You acknowledge that Hubhopper retains exclusive ownership of the Service and all intellectual property rights associated therewith.
• Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the content, and Hubhopper reserves all rights not expressly granted hereunder. You shall promptly notify Hubhopper in writing upon your discovery of any unauthorized use or infringement of the Service (or the content) or Hubhopper's patent, copyright, trade secret, trademarks or other intellectual property rights.
• You will not create any derivative works of whatever kind or nature of the any content without the prior written consent of the relevant third party and/or Hubhopper (as applicable), even if such derivative works are not meant for commercial use. By posting messages, submitting reviews, inputting data, suggesting playlists, suggesting ideas or engaging in any other form of communication through the Service (collectively referred herein as 'User Material'), you are not forfeiting any ownership rights in such User Material and you continue to retain all of the same ownership rights. By submitting or posting the User Material, you represent and warrant that you own the User Material. You also represent and warrant that the posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. By submitting or posting the User Material, you agree that your submission of the User Material does not in any way implicate you as an employee, agent, or partner of Hubhopper.
• You are expected to respect and protect their intellectual property rights with respect to the content provided on the WebApp irrespective of the ownership.
• Hubhopper respects the intellectual property rights of others and does not hold any responsibility for any violations of any intellectual property rights by you.

DISCLAIMER

The materials on Hubhopper's WebApp is provided "AS IS". Hubhopper does not guarantee the accuracy, completeness, or usefulness of any information and neither does Hubhopper adopt or endorse, nor Hubhopper responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Hubhopper. Hubhopper makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a purpose, or non-infringement of intellectual property or other violation of rights. In furtherance, Hubhopper shall not be liable for any misuse or data theft because of your use of the WebApp. Hubhopper also does not warrant that the functions contained in the WebApp will be uninterrupted or error free, that defects will be corrected, or the servers that make them available are free of viruses or other harmful components. Under no circumstances will Hubhopper be responsible for any loss or damage resulting from anyone’s reliance on information or other User Content posted on the WebApp, or transmitted to users.

ADVERTISING

The WebApp may contain advertising content from Hubhopper or any other third party. Hubhopper does not take any responsibility of any such third party advertising materials, and will not be liable for any of your actions or purchases or losses that you may suffer in relation to or as a result of any such advertising.

PRIVACY

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the WebApp. By accessing the WebApp, you agree that we can use such data according to our Privacy Policy.

You are solely responsible for maintaining the confidentiality of your passwords that you use to access the WebApp and Hubhopper is not responsible for any misuse or hacking of your account. Accordingly, you are solely responsible for all activities that occur with your device. If you become aware of any unauthorized use of your device, you will notify the relevant authorities according to the applicable laws including but not limited to the police, Cyber Cell as per your jurisdiction as soon as possible. You will also provide an intimation to Hubhopper in case of such unauthorized usage.

DATA AND MOBILE PHONE CHARGES

You are solely responsible for bearing any mobile and data charges that may be incurred using our services, including any text messages or any other technologies. If You are unsure about the charges, You may ask your Service Provider about the same before using our Services.

By providing with your mail address and phone number, You agree to receive messages or mails related to our Services including any promotional items.

If You change any information related to your phone number and mail address, You must update the account information within 72 hours to prevent us from sending messages or mails intended for you to someone else.

ERRORS

Hubhopper does not represent or warrant that the WebApp will be error-free, free of viruses or other harmful components, or that defects will be corrected.

Hubhopper does not warrant or represent that the information available on or through the App will be correct, accurate, timely, or otherwise reliable.

LINKS

Hubhopper has not reviewed all the sites linked to its WebApp and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hubhopper of the site. The liked sites are not under the control of Hubhopper and use of any such linked WebApp is at the user's own risk.

LIMITATIONS

In no event shall Hubhopper be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hubhopper, even if Hubhopper or a Hubhopper authorized representative has been notified orally or in writing of the possibility of such damage.

INDEMNIFICATION

To the extent authorized by law, You agree to indemnify, defend and hold harmless Hubhopper, its employees, officers, directors, affiliates, and agents from and against any and all claims, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use or attempted of any of the Services (c) User Content including without limitation any claim or infringement or misappropriation of intellectual property or other proprietary rights of any third party.

RIGHT TO INVESTIGATE

Hubhopper reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.