HopeStream's Terms of Use

Last Updated: April 17, 2020

APPLICATION TERMS OF USE

This mobile and web application (the “Application”) is owned and operated by HopeStream, LLC (HopeStream, LLC shall be referred to as “HopeStream”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION. By using this Application, you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the Application. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the Application following the posting of changes to the Terms will mean you accept those changes. These Terms shall set forth the terms and conditions pursuant to which you can use the Application. Use of the Application is also subject to the terms and conditions of the Application’s mobile distributor or the terms and conditions required by the mobile network operator.

THE APPLICATION

The Application, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the Application is the property of HopeStream or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. HopeStream hereby grants you a limited, nonexclusive, non- transferable, personal license to use the Application for personal or informational purposes only. Except as expressly authorized by HopeStream in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post any portion of the Application for any purpose or “frame" or "mirror" the Application on any other server or wireless or Internet-based device. All rights not expressly granted herein are reserved to HopeStream and/or its licensors.

 

To use certain features of the Application or participate in certain activities sponsored by HopeStream, we might ask you to register as a participant or user. If so requested, each Application user must: (a) personally provide true, accurate, current and complete information on the Application's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, HopeStream has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, HopeStream may suspend or terminate any and all current or future use of the Application by that user. A user may receive passwords and account designations upon completing certain Application registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

All information, data, text, software, music, sound, photographs, graphics, video, messages, comments or any other materials whatsoever, whether posted or transmitted to HopeStream or the Application, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants HopeStream the royalty-free, world-wide perpetual, non- exclusive, transferable license to HopeStream to use, reproduce, modify, edit, publish, distribute and display such Content through the Application or those related websites hosted by HopeStream. HopeStream has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. HopeStream shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. HopeStream, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of Application users and the public.

 

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting, posting or sharing Content on the Application: (a) you shall not upload to, distribute through or otherwise publish through the Application any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (b) you shall not use the Application to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (c) you will use this Application only in a manner consistent with all laws and regulations and in accordance with the Terms; (d) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from HopeStream; (e) you will only submit Content for which you have the copyright or other specific permission to distribute; and (f) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. HopeStream shall not be liable in any way for any Content.

 

Content submitted to the Application or HopeStream does not represent the views of HopeStream, or any individual associated with HopeStream, and HopeStream does not control this Content. In no event shall you represent or suggest HopeStream’s endorsement of your Content.

 

USE OF APPLICATION BY CHILDREN

THE APPLICATION IS NOT INTENDED FOR USE BY CHILDREN UNDER THE AGE OF 13.

TERMINATION

HopeStream may terminate your use of the Application for: (a) breach of these Terms; (b) your abuse of Application resources or attempt to gain unauthorized entry to the Application; or (c) as required by law, regulation, court or governing agency order. HopeStream's termination of any user's access to the Application may be effected without notice and, on such termination, HopeStream may immediately bar any further access to the Application. HopeStream shall not be liable to any user or other third party for any termination of that user's access to the Application. In the event of termination, HopeStream reserves the right to delete or save a user’s Content at HopeStream’s sole discretion.

LINKS & THIRD PARTIES

The Application may provide links to websites or other applications. HopeStream exercises no control whatsoever over such other websites or applications and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites or applications, including information, material, products and services therein, is solely at your own risk.

YOUTUBE

The Application makes available features provided by YouTube.  Any Content provided to YouTube via The Application shall be governed by YouTube's Terms of Service located here: https://www.youtube.com/t/terms

LIMITED WARRANTY; LIMITATION OF LIABILITY

EACH USER'S USE OF THE APPLICATION IS AT HIS OR HER SOLE RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HOPESTREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOPESTREAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

COPYRIGHTS

HopeStream respects the intellectual property rights of others, and requires that the people who use the Application do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this Application in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit HopeStream to locate the material, including, if applicable the full URL; (d) your name, address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

 

John Roberts
612-659-8443
jroberts@newcounsel.com

New Counsel, PLC
233 Park Avenue, Suite 203
Minneapolis, Minnesota 55415

 

PRIVACY

HopeStream agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.hopestream.com/privacy/ or by sending an e-mail request to: support@hopestream.com.

 

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and HopeStream and govern each user's use of the Application, superseding any prior agreements. The Terms and the relationship between each user and HopeStream shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. This Application is controlled and operated by HopeStream from its offices within the State of Minnesota, United States of America. HopeStream makes no representation that materials in the Application are appropriate or available for use in other locations. Those who choose to access this Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between HopeStream and any user.

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