We’ve drafted these Terms of Service (which we simply call the 'Terms') so that you’ll know the rules that govern our relationship with you. Although we have tried our best to strip the legalese from the Terms, there are places where these Terms may still read like a traditional contract. There’s a good reason for that: these Terms do indeed form a legally binding contract between you and Hootout. So please read them carefully.
By using the Services, you agree to the Terms. Of course, if you don’t agree with them, then don’t use the Services.
Hootout is platform operated by KuchNaya TechnoLabs Private Limited (hereinafter referred to as "KuchNaya TechnoLabs" or "Kuchnaya" or"Hootout" or"we" or"us" or"our"). KuchNaya TechnoLabs is a company registered under the Companies Act, 1956. Hootout is a product of KuchNaya TechnoLabs. The registered office of KuchNaya TechnoLabs is at 127, Ashar Enclave, Kolshet Road, Thane, Maharashtra 400607, India. The company registration number is U72900MH2011PTC21360
No one under 13 is allowed to create an account or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them. So please read all terms carefully.
By using the Services, you state that:
Hootout grants you a personal, worldwide, royaltyfree, nonassignable, nonexclusive, revocable and non sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies, such as our Community Guidelines, allow.
Any software that we provide you may automatically download and install upgrades, updates or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may not copy, modify, distribute, sell or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Many of our Services let you create, upload, post, send, receive and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a licence to use that content. How broad that licence is depends on which Services you use and the Settings you have selected.
For all Services other than Live, Local, and any other crowdsourced Service, you grant Hootout a worldwide, royaltyfree, sublicensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute that content. This licence is for the limited purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.
Because Live, Local, and any other crowdsourced Services are public by nature and record matters of public interest, the licence you grant us for content submitted to those Services is broader. In addition to the rights you grant us in connection with other Services, you also grant us a perpetual licence to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform and publicly display content submitted to Live, Local or any other crowdsourced Services in any form and in any and all media or distribution methods (now known or later developed). To the extent it's necessary, you also grant Hootout and our business partners the unrestricted, worldwide, perpetual right and licence to use your name, likeness and voice solely in Live, Local or other crowdsourced content that you appear in, create, upload, post or send. This means, among other things, that you will not be entitled to any compensation from Hootout or our business partners if your name, likeness or voice is conveyed through Live, Local or other crowdsourced Services.
You agree not to circumvent, disable or otherwise interfere with security related features of theService or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein
Though we’re not required to do so, we may access, review, screen and delete your content at any time and for any reason, including if we think your content violates these Terms. However, you alone remain responsible for the content you create, upload, post, send or store through the Service.
The Services may contain advertisements. In consideration for Hootout letting you access and use the Services, you agree that Hooout, its affiliates, and thirdparty partners may place advertising on the Services.
We always love to hear from our users. But if you volunteer feedback or suggestions, just know that we can use your ideas without compensating you.
Much of the content on our Services is produced by users, publishers and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organisation that submitted it. Although Hootout reserves the right to review all content that appears on the Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot – and do not – take responsibility for any content that others provide through the Services.
Through these Terms and our Community Guidelines , we make clear that we don't want the Services to be put to bad uses. But because we don't review all content, we cannot guarantee that content on the Services will always conform to our Terms or Guidelines.
Hootout respects the rights of others. And so should you. You therefore may not upload, post, send or store content that:
You must also respect Hootout’s rights. These Terms do not grant you any right to:
In short: you may not use the Services or the content on the Services in ways that are not authorised by these Terms. Nor may you help or enable anyone else to do so.
Hootout respect the Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Hootout becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
If you believe that anything on the Services infringes a copyright that you own or control, you may mail us or you may file a notice with our designated agent:
127 - Ashar Enclave,
Kolshet Road, Thane,
Maharashtra - 400607,
Email : firstname.lastname@example.org
If you file a notice with our Copyright Agent,That means the notice must:
We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that:
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm’s way just to capture a content (any photo, video, audio or text) in Hootout.
You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
Definition “ User Content ” means any content that Users upload, post or transmit (collectively, “ Post ”) to or through the Service including, without limitation, any text, photographs, User Videos or sound recordings and the musical works embodied therein, Broadcast Content, and any other works subject to protection under the laws of the country where our company resides or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Company Content (including, without limitation, any SR Samples incorporated into the Company Videos).
Screening User Content The Company offers Users the ability to submit User Content to or transmit through the Service. The Company does not pre-screen any User Content, but reserves the right to remove, disallow, block or delete any User Content in its sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate this EULA, applicable law or otherwise constitute Objectionable Content (defined in Section 5.i below); or (ii) in response to complaints from other Users or licensors of any Company Content, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Videos that you Post to the Service on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Videos. The Company does not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will the Company be liable in any way for any User Content.
Intellectual Property Rights . SUBJECT TO ANY THIRD PARTY RIGHTS IN ANY PREEXISTING CONTENT INCLUDED WITHIN YOUR USER CONTENT, INCLUDING COMPANY CONTENT, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT AND SUBMITTING YOUR USER CONTENT TO THE SERVICE DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO USER VIDEO WILL BE CONSIDERED TO BE A SEPARATE COPYRIGHTABLE WORK AND ALL RIGHTS IN EACH USER VIDEO WILL REMAIN WITH THE OWNERS OF THE CONTENT USED TO CREATE SUCH USER VIDEO.
Licenses to User Content . You hereby grant the Company an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites (except with respect to Broadcast Content), and otherwise exploit and use (collectively, “ Use ”) all User Content you Post to or through the Service by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Company and the Service; (ii) displaying and sharing your User Content to other Users of the Service; (iii) providing the Service as authorized by this EULA; and (iv) sublicensing Editors the appropriate rights to enable them to create Collaborative UGVs that incorporate any of your User Content as permitted by this EULA. If you terminate this EULA or remove any of your User Content from the Service after it has been included within a Collaborative UGV, then your license grant with respect to your User Content included within such Collaborative UGV is perpetual and irrevocable. You further grant the Company a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. You must not post any User Content on or through the Service or transmit to the Company any User Content that you consider to be confidential or proprietary. Any User Content posted by you to or through the Service or transmitted to the Company will be considered non-confidential and non-proprietary, and treated as such by the Company, and may be used by the Company in accordance with this EULA without notice to you and without any liability to the Company. For the avoidance of doubt, the rights granted in the preceding sentences of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting the Company the right to Use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner ( e.g. , a record label), a musical work copyright owner ( e.g. , a music publisher), a performing rights organization ( e.g. , ASCAP, BMI, SESAC, etc.) (a “ PRO ”), a sound recording PRO ( e.g. , SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
You Must Have Rights to the Content You Post . You must not Post any User Content to the Service if you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to Post to the Service. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Post such sound recordings to the Service unless you have all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to grant the licenses to the Company under these Terms. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms; (ii) the Posting and Use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Posting of your User Content on the Service will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and (iv) the Posting of your User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of Posting your User Content on the Service.
Specific Rules for Musical Works and for Recording Artists . If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this EULA to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in this EULA or have such music publisher enter into this Agreement with us. Just because you authored a musical work ( e.g. , wrote a song) does not mean you have the right to grant us the licenses in this EULA. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Service that may be claimed by your label.
Through-To-The-Audience Rights . All of the rights you grant in this EULA are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
Waiver of Rights to User Content . By Posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Service.
Objectionable Content . You are not permitted to and agree not to Post any User Content to the Service that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) promoting any product, good or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide), or (iii) with respect to SR Samples (and, for the avoidance of doubt, the musical works embodied therein), making a political message for or against any person, party, political belief or issue, of a religious nature, or harshly critical of any SR Samples, the copyright owner(s) thereof, or any author, contributor or royalty participant of an SR Sample, in each of clauses (i), (ii) and (iii) of this Section, as the Company may determine in its sole and absolute discretion (collectively, “ Objectionable Content ”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in this EULA may be raised as a defense against any third party claims arising from your Posting of Objectionable Content. You also agree not to use the Service for illegal or unlawful purposes, including, without limitation, to stalk any other User. If you encounter any Objectionable Content on the Service, then please immediately email the Company at email@example.com or inform us through the functionality offered on the Service. You acknowledge and agree that the Company provides you the right to report Objectionable Content as a courtesy, and the Company has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to us. The Company may terminate, suspend, warn or take other appropriate actions against Users for Posting Objectionable Content to the Service, including, but not limited to, the removal of all User Content uploaded to the Service by a User.
Consent to Use of Data . You understand and agree that the Company may collect and use technical data and related information, including, but not limited to, data from audio files resident on your device (e.g., we may scan sound recordings for metadata), your device’s UDID, and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services, such as the Audible Magic content identification feature, to you related to the Service.
Endorsements . Notwithstanding any other provision of this EULA, you represent and warrant that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will (i) make only accurate statements that represent your genuine experience with any product, good or service and (ii) make all required disclosures pursuant to the Federal Trade Commission’s (“ FTC ”) Guides Concerning the Use of Endorsements and Testimonials in Advertising, as such Guides may be amended from time-to-time by the Federal Trade Commission. Follow this link for further information on complying with the FTC’s guidance: https://www.ftc.gov/sites/default/files/documents/one-stops/advertisement-endorsements/091005revisedendorsementguides.pdf .
No Liability . For the avoidance of doubt, the Company will not be liable for any unauthorized use of User Content by any User.
We may offer various virtual goods and services (all of which we call 'Virtual Products') that you can purchase and use through the Services. You don't own these Virtual Products; instead you buy a limited revocable licence to use them. You'll always be shown the price for Virtual Product before you complete a purchase. But Hootout does not handle payments or payment processing for any purchases; those are handled by thirdparty payment providers or service providers (such as Apple's App Store and Google's Play Store, among others). Some thirdparty service providers may charge you sales tax, depending on where you live. Please check the thirdparty service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and nonrefundable. And because our performance begins once you tap “Buy” and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it has been completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT HOOTOUT IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for onetime use only, while others are for repeated use. But please note that 'repeated' does not mean 'forever.' We may change, modify or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It’s your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
You are responsible for any mobile charges that you may incur for using our Services, including text messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to create a Hootout account, you must update your account information through Settings within 72 hours to prevent us from sending to someone else messages intended for you.
If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. Hootout is not responsible or liable for those third party’s terms or actions taken under the third party’s terms.
We’re relentlessly improving our Services and creating new ones all the time. This means that we may add or remove features, products or functionalities and we may also suspend or stop the Services altogether. We may take any of these actions at any time and, when we do, we may not provide you with any notice beforehand.
Though we hope you remain a lifelong Hootout user, you can terminate these Terms at any time and for any reason by deleting your account.
Hootout may also terminate these Terms with you at any time, for any reason, and without advance notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity and we may reclaim your username at any time for any reason.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Hootout, our directors, officers, employees and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN ADDITION, THOUGH HOOTOUT ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR FREE OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS OR IMPERFECTIONS; OR (C) THAT ANY HOOTOUT CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOOTOUT AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF HOOTOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOOTOUT’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID HOOTOUT, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HOOTOUT AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
This Service originates from the [Mumbai, Maharashtra]. This Agreement will be governed by the laws of the State of [Maharashtra] without regard to its conflict of law principles to the contrary. Neither you nor Hootout will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Maharashtra] India. By using this Service or our Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.
NOTICE REGARDING APPLE . You acknowledge that this EULA is between you and the Company only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of the Apps to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Apps to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Apps. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If the Company provides a translation of the English language version of this EULA, the translation is provided solely for convenience, and the English version will prevail.
Hootout welcomes comments, questions, concerns or suggestions. Please send feedback to us by email : firstname.lastname@example.org