You're reading HYPNO's Terms of Service. This is the contract between you and HYPNO when you use the HYPNO services and products described below. Read this carefully before you use HYPNO. If you have any questions or suggestions, please email us at: firstname.lastname@example.org
HYPNO reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services with an updated date. For significant changes, we will also attempt to provide you separate notice (for instance via e-mail, banner or in-app notification) where practicable. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Note that, if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time HYPNO received your prepayment.
No individual under the age of thirteen (13) may use the Services or provide any information to HYPNO or otherwise through the Services. You otherwise may only use the Services if you can form a binding contract with HYPNO and are not legally prohibited from using the Services.
The Services change frequently, and their form and functionality may change without notice or liability to you. HYPNO retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. HYPNO may also impose limits on certain aspects of the Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. HYPNO may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below).
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of HYPNO and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by HYPNO (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with HYPNO, or unless permitted by HYPNO's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without HYPNO's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
For purposes of this Agreement: (1) the term “Content” means a creative expression and includes, without limitation, video, audio, music, still or moving photographs, images, illustrations, animations, logos, tools, written posts, replies and comments, information, data, text, software, scripts, executable files, and graphics, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term “Subscriber Content” is all Content that is created with the Services by a Subscriber (including, without limitation, by you); and Content also includes, without limitation, all Subscriber Content.
Subscribers retain ownership of all intellectual property rights in their Subscriber Content. Other than the licenses granted in these Terms, you retain ownership of any intellectual property you create with HYPNO. Other than Subscriber Content, we own or license all right, title, and interest in and to (a) the Services, including all software, scripts, music, text, media, and other Content; and (b) the Content, including our trademarks, logos, and brand elements (“Marks”). The Services, Content, and Marks are all protected under U.S. and international laws.
When you create Subscriber Content with HYPNO through the Services, including by using the App to make a video, you give HYPNO a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of such Subscriber Content, in each case for the purpose of promoting the Services, operating the Services, improving the Services, allowing HYPNO to develop new Services, and for HYPNO's other good-faith business purposes. You agree that you will respect the intellectual property rights of others, and represent and warrant to us that you own or otherwise have all of the necessary rights to grant us this license for all Subscriber Content you submit to the Services and your Subscriber Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
By using the Service to make videos, you grant to HYPNO the absolute, perpetual and worldwide right and permission to record and make use of your picture, likeness, image, and any other visible aspect of your identity in any manner or media and for any purpose whatsoever, including promotion of the Services and HYPNO. You hereby waive, discharge and release HYPNO from any and all rights, liabilities, claims and causes of action whatsoever which you may now or hereafter be entitled to assert against HYPNO in connection therewith.
As a Subscriber of the Services, HYPNO grants you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content made available on the Services, solely in connection with your use of, and in accordance with the functionality and restrictions of, the Services (including, without limitation, Paid Services, as defined below).
HYPNO welcomes and appreciates feedback and suggestions about your experience using the Services and ways to improve them. You understand that we might not respond to or implement feedback or suggestions, but if we do, you understand and agree that HYPNO may use all or any portion thereof in its sole discretion without notification or compensation to you. You hereby grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, modify and disclose any feedback you submit to us for any purpose. You may provide us with feedback using the contact information below.
You represent and warrant to us that neither the Subscriber Content you create nor your use of the Services violates any applicable law or regulation. Further, you represent and warrant that you will only use the Services for your own personal or internal business purposes and not for the purpose of commercializing or monetizing the Services, without the express written consent of HYPNO.
Some of the Services may require payment of fees (the “Paid Services”). You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges. Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services. HYPNO may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided. Purchases of Paid Services are final and non-refundable (particularly those Paid Services that may be used immediately, such as Promotions, as defined below), except at HYPNO's sole discretion and in accordance with the rules governing each such Paid Service. Termination of your rights under this Agreement may result in forfeiture of existing Paid Services. HYPNO may change its prices for Paid Services at any time. To the extent applicable, HYPNO will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you a text message or push notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, HYPNO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. HYPNO makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, service or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. HYPNO also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from HYPNO or through the Services, will create any warranty not expressly made herein.
You release, to the fullest extent permitted by law, HYPNO, its affiliates, and its and their respective directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any of the following:
Disputes between Subscribers, including those between you and other Subscribers.
Third party sites and services, including content found on such sites and services.
Disputes concerning any use of or action taken using HYPNO on your device by you or a third party.
Claims relating to the unauthorized access to any data communications or Content relating to your use of the Services, including unauthorized use or alteration of such communications or your Content.
Claims relating in any way to any face-to-face meetings in any way related to HYPNO in the real world, including without limitation claims related to the actions or omissions of any Subscribers or third parties who organize, attend, or are otherwise involved in the real world. HYPNO does not sponsor, oversee, or in any manner control the real world.
If the laws of California apply to you, you hereby irrevocably waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYPNO, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HYPNO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HYPNO AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth above, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. HYPNO may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, our license to Subscriber Content you have provided, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to HYPNO or any third party.
You and HYPNO agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with Section 15 or as you and HYPNO otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against HYPNO must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. We each hereby irrevocably submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes, and irrevocably waive any claims we may otherwise have based on personal jurisdiction, inconvenient forum, or similar bases.
This Agreement, as modified from time to time, constitutes the entire agreement between you and HYPNO with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with HYPNO's prior written consent. HYPNO may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind HYPNO in any respect whatsoever.. Any notice to HYPNO that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to HOLD STILL INC, 1166 MANHATTAN AVE, SUITE 203, BROOKLYN, NY 11222, Attn: Legal Department.
HYPNO provides global products and services and. HYPNO's operations are, however, located in the United States, and HYPNO's policies and procedures are based on United States law. As such, the following provisions apply specifically to Subscribers located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Subscriber Content and any personal information, to and in the United States and/or other countries; and (2) you represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
HYPNO has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of HYPNO's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below. For clarity, only copyright infringement notices should go to our Designated Agent.
HOLD STILL INC.
1166 Manhattan Ave.
Brooklyn, NY 11222
Attn: Omar Elsayed
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
After removing material pursuant to a valid DMCA notice, HYPNO will immediately notify the Subscriber responsible for the allegedly infringing material that it has removed or disabled access to the material. HYPNO reserves the right, in its sole discretion, to immediately terminate the Services of any Subscriber who is the subject of repeated DMCA notifications.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with HYPNO by providing the following information to the Designated Agent at the address below:
The specific material that HYPNO has removed or to which HYPNO has disabled access.
Your name, address, telephone number, and e-mail address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Upon receipt of a valid counter-notification, HYPNO will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If HYPNO does not receive any such notification within ten (10) days, we may restore the material to the Services.
If you have any questions or concerns regarding use of the Services, please contact us at:
HOLD STILL INC.
1166 MANHATTAN AVE.
BROOKLYN, NY 11222
Last modified June 28, 2017
In some cases, we may collect information about content you provide to the Services. For example, when it's included with your images, we may collect information describing your camera and camera settings. This information allows us to improve the Services and provide additional features and functionality.
We may sometimes collect financial information, such as information related to your payment method (valid credit card number, type, expiration date or other financial information), for example when you decide to make a purchase through the App.
We collect information about how people use the Services,. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Services so that we can analyze and improve them. Some of this information may be associated with your IP address or device ID, or other personally identifiable information. We may also use some of this information in aggregate form – that is, as a statistical measure related to all of our users that would not reasonably be expected to identify you personally. We use information about your use of the Services to improve and enhance your experience on the Services.
We automatically receive and record information from your web browser, phone or other devices when you interact with the Services, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each web request you make, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions
Under certain circumstances, we may collect and store your IP address or your device ID. We generally use IP address and device ID information to personalize the Services for you and to learn more about how you use the Services and other websites in order to improve our website. IP address and device ID information is also used by us to generate aggregate, non-identifying, information about use of the Services.
We analyze your actions on the Services in order to derive or infer characteristics that may be descriptive of you. These characteristics are used to improve the Services for you.
If you use more than one of the Services, we may, if possible, aggregate information about your use of multiple Services together and use that consolidated information to improve how the Services operate, and to develop new Services.
In some cases, we share information that we store (such as IP addresses and device IDs) with third parties, such as our service providers, consultants and agents ("Agents"), for the purposes of operating and improving the Services. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use personal information or other information we share with them beyond the scope and duration of what is necessary to assist us. You hereby consent to our sharing of personal information with our Agents.
We may share or disclose non-private information, Aggregate Information, or other non-personal information with people and entities that we do business with.
In some cases, we may choose to buy or sell business assets. In these transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.
You may have rights under applicable laws to receive a copy of the personal data in our possession about you. For any legally required copy of your personal data or other information you are entitled to request, please contact us using the contact information below. We may charge you a nominal fee for complying with such a request, in accordance with applicable law.
The Services are intended for users who are 13 years old or older. We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled once per year to ask us for a notice identifying the categories of personal customer information that we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: HOLD STILL INC., 1166 MANHATTAN AVE., SUITE 203, BROOKLYN, NY 11222.
If you have any questions or concerns regarding privacy using the Services, please contact us at:
HOLD STILL INC.
1166 MANHATTAN AVE.
BROOKLYN, NY 11222