Terms of Service for Hashtag Roundup App

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Note: If you are reading this from a link directly from the app you are no longer in the app right now. You are viewing a page on the HashtagRoundup.com website. To accept the terms toggle back to the app and accept the terms on the login page of the app. Thank you.



By using this App, you agree to be bound by these terms of use (“Terms of Use”). The App is owned or controlled by Hashtag Roundup, LLC (“Hashtag Roundup”). If you do not agree to be bound by these Terms of Use, do not access or use the App.

Basic Terms

  1. You will not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the App. You will not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the App. You will not use the App for any illegal or unauthorized purpose. You will comply with all laws, rules and regulations applicable to your use of the App and your content, including but not limited to, copyright laws.
  2. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Hashtag Roundup users. You must not use domain names or web URLs in your username without prior written consent from Hashtag Roundup. You must not interfere or disrupt the App or servers or networks connected to the App, including by transmitting worms, viruses, spyware, malware or any other destructive or disruptive code.
  3. Violation of these Terms of Use may, in Hashtag Roundup’s sole discretion, result in termination of your Hashtag Roundup account. If you violate the letter or spirit of these Terms of Use, or create risk or possible legal exposure for Hashtag Roundup, we can, in our sole discretion, stop providing all or part of the App to you. We also have the right, but no obligation, to remove, edit, block, and/or monitor content or accounts containing content we determine in our sole discretion violates these Terms of Use. We also have the right to terminate your access to the App for any reason, without notice, at any time, and without liability to you, even if you have not explicitly violated these Terms of Use. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.

Content

  1. You are solely responsible for your interaction with other users of the App, whether online or offline. Hashtag Roundup is not responsible or liable for the conduct of any user.
  2. Hashtag Roundup cannot and will not be responsible for the content posted on the App and you use the App at your own risk. Inappropriate content may be flagged by users or Hashtag.
  3. Hashtag Roundup does not claim ownership of any content you post on or through the App. Instead, you grant to Hashtag Roundup a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content you post on or through the App.
  4. You represent and warrant that: (i) you own the content posted by you on or through the App or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your content on or through the App 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 App.
  5. Hashtag Roundup reserves the right to remove any content from the App for any reason, without prior notice. Hashtag Roundup will not be liable to you for any modification, suspension, or discontinuation of the Apps, or the loss of any content. You also acknowledge the Internet may be subject to breaches of security and the submission of content or other information may not be secure.
  6. You agree Hashtag Roundup is not responsible for, and does not endorse, content posted within the App. Hashtag Roundup does not have any obligation to prescreen, monitor, edit, or remove any content. If your content violates these Terms of Use, you may bear legal responsibility for content.

General Conditions

  1. We reserve the right to modify or terminate the App at any time.. You can deactivate your Hashtag Roundup account by logging into the App and completing the form available here: http://hashtagroundup.com/2015/05/08/hashtag-roundup-removal-request/
  2. We reserve the right, in our sole discretion, to change these Terms of Use at any time.
  3. We reserve the right to refuse access to the App to anyone for any reason at any time. We reserve the right to force forfeiture of any username for any reason.
  4. There may be links from the App, or from communications you receive from the App, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the App. The App also includes third-party content we do not control, maintain or endorse. Functionality on the App may also permit interactions between the App and a third-party web site or feature, including applications that connect the App or your profile on the App with a third-party web site or feature. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Hashtag Roundup does not control any of these third-party web services or any of their content. You agree Hashtag Roundup is in no way responsible or liable for any third-party services or features. You may choose, at your sole and absolute discretion and risk, to use applications that connect the App or your profile on the App 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 App profile. By using such Applications, you agree that : (i) if you use an Application to share information, you are consenting to information about your profile on the App being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Hashtag Roundup has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Hashtag Roundup (defined below) harmless for activity related to the Application.

Rights

  1. Some of the App is supported by advertising revenue and may display advertisements and promotions, and you agree Hashtag Roundup may place such advertising and promotions on the App or on, about, or in conjunction with your content. The manner, mode and extent of such advertising and promotions are subject to change without notice. You acknowledge we may not always identify paid services, sponsored content, or commercial communications as such.
  2. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Hashtag Roundup content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Hashtag Roundup content.
  3. Hashtag Roundup name and logo, and contents of the App, are copyrights and trademarks of Hashtag Roundup, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hashtag Roundup.

Disclaimer of Warranties
THE APP, IS PROVIDED ON AN “AS IS WITH ALL FAULTS” BASIS. HASHTAG ROUNDUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXCEPT THOSE SPECIFICALLY STATED IN THESE TERMS OF SERVICE. ALSO, HASHTAG ROUNDUP DISCLAIMS 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. HASHTAG ROUNDUP DISCLAIMS RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY CONTENT APPEARING ON THE APP. HASHTAG ROUNDUP DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Limitation of Liability; Waiver
HASHTAG ROUNDUP WILL NOT BE LIABLE 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) DIRECTLY OR INDIRECTLY RELATED TO USING THIS APP. IN NO EVENT WILL HASHTAG ROUNDUP BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY IN EXCESS OF $100.00. ANY CLAIM YOU HAVE AGAINST HASTAG MUST BE FILED WTIHIN ONE YEAR AFTER THE CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. EVEN IF YOU SUFFER DAMAGES, LOSSES OR INJURIES, YOU WILL HAVE NO RIGHTS TO PREVENT THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THIS APP OR OTHER CONTENT OWNED OR CONTROLLED BY HASHTAG ROUNDUP. HASHTAG ROUNDUP IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST THIRD PARTIES.

Indemnification
You agree to defend (at Hashtag Roundup’s request), indemnify and hold Hashtag Roundup 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: (i) your content or your access to or use of the App; (ii) your breach or alleged breach of these Terms of Use; (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; or (v) any misrepresentation made by you. You will cooperate as fully required by Hashtag Roundup in the defense of any claim. Hashtag Roundup 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 Hashtag Roundup.

Governing Law & Venue
These Terms of Use are governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. Any dispute relating to these Terms of App or the use of the App, will be resolved in only in a state court in Oakland County, Michigan or federal court in Wayne County, Michigan, and you submit to the personal jurisdiction of the courts located in both counties for the purpose of litigating all such disputes. If any provision of these Terms of Use is unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Hashtag Roundup’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.



Note: If you are reading this from a link directly from the app you are no longer in the app right now. You are viewing a page on the HashtagRoundup.com website. To accept the terms toggle back to the app and accept the terms on the login page of the app. Thank you.

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