terms of service

Effective date: May 8, 2023

Welcome to hoo.be.

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Agency”, “Agency Admin”) and FNL Technologies, Inc. (“FNL”, “Company”, “we”, “us”, or “our”), concerning your access to and use of the hoo.be platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “hoo.be” or “Service”).

By accessing or using our Service, or otherwise indicating your acceptance, you represent and warrant that you have read, understood, and agree to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Changes to Terms and Service

(a) We reserve the right to change Terms: We can change or replace all of these Terms at any time for any reason.

(b) Terms Changes: Changes will happen from time to time, and it is your responsibility to keep up with them. If we release a change you are not comfortable with, it is your responsibility to stop using Service.

(c) Continued use: If you continue to use Service, this is your agreeing to our current Terms

(d) Changes to Service: You acknowledge that Service is constantly evolving, and we may change parts of Service and its functionality from time to time.

2. Accounts

(a) hoo.be account is required to use our Service: To access, edit, change, or use our Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. Agencies are responsible for managing both the agency account and all creator accounts in that agency’s dashboard. It is important that you maintain and update your details and any other information that you provide to us.

(b) You must maintain your password: You are responsible to maintain your own password. If you are an agency account administrator, you are responsible for the agency access login credentials. Individual accounts are responsible for maintaining their own passwords. We do not save or carry that information. If you forget your password, you may email hi@hoo.be and verify your identity for a reset. Agencies may not reset creator account passwords without written creator permission. You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

(c) You must choose an appropriate username: You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes. You can raise any concerns with us relating to usernames.

(d) Your responsibilities regarding the use of your account: You must not use your user account or allow it to be used in a way which may of our discretion cause damage to or impair the Service or our reputation, or infringe or violate any third party rights, or violate any applicable laws or regulations. Agencies managing creator accounts must provide proof they have the right to manage each creator in their dashboard. FNL is not responsible for how Agencies manage each creator’s hoo.be page

(e) All sales are final. No refunds shall be issued. The only exception is at hoo.be’s discretion if deemed fraudulent or misleading, or if hoo.be deletes the content. If you violate the Terms of Service, your account may be deleted with no refunds issued.

3. Your Content

(a) Your right to post Content: You may post, feature, link, store, share and otherwise make available information, text, graphics, videos, or other material to/on the Page that you create using the Service (Content). You are responsible for the Content, including its legality, reliability, ownership, likeness, licensing, and appropriateness. This includes but is not limited to all Agencies managing Creator accounts posting Content on behalf of their Creators. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licenses) needed to allow you to make available that Content on the Page and the Service.

(b) You grant us a license to use and display your Content: By posting Content to the Service, you grant us the right and license to freely use, publicly display, and distribute such Content on and through the Service and you confirm that you have all third party rights and licenses necessary to post that Content. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these terms of service. This license also allows us to watermark uploaded Content.

(c) Your responsibilities in posting Content: You agree that:

  1. the Content is yours (you own it) or you have the right to use it, such as an Agency account posting Content on behalf of its Creators, and grant us the rights and license as provided in these terms of service; and
  2. the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you agree that: 1. the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; 2. the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy. Content must not include nudity, pornography, or sexually explicit content. In some circumstances, Content which in one country would not infringe the previous requirements could do so in another country and we reserve the right to take whatever action we think necessary in such circumstances including removing Content or restricting access to the Service); 3. the Content will not be misleading or deceptive, be intended or designed to misinform, would be likely to misinform a reasonable person, and that you will not represent as fact something which is false; 4. the Content will not be unsolicited, undisclosed or constitute unauthorized advertising or endorsements of any product; 5. the Content does not contain software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (F) the Content does not and is unlikely to bring us or the Service into disrepute.

(d) Keeping records: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request.

(e) You can’t sell, license, or purchase any account or data obtained from us or our Service.

This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect hoo.be usernames, passwords, email, phone numbers, or misappropriate access tokens.

(f) Our right to monitor and modify your Content: We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time.

(g) You accept risk of public disclosure: You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.

(h) We can use your Content to promote the hoo.be Service: We may choose to feature your Page and Content—but not your registered trademarks or personal information, unless you agree in writing—on our Website or otherwise to promote the Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.

4. Creator Payouts

(a) All payment collection and payouts shall be done through Stripe, so you must follow the Stripe services, linked here https://stripe.com/legal

(b) Creators and Agencies are responsible for creating their own Stripe accounts to be able to collect payment. Payouts are managed via Stripe and FNL does not manage or control the payout structure between Agency and Creator. FNL is not responsible for what Stripe account the payment goes to.

(c) Transaction fees are listed on the platform and are subject to change.

(d) To view transaction history or for general payout inquiries, please email hi@hoo.be

5. Referral Payouts

(a) All payment collection and payouts shall be done through Tremendous.com and sent via hoo.be email, so you must follow the email guide to collect your payment.

(b) Payouts will typically occur every Sunday, but might take up to 30 days to complete. Terms are subject to change. Any referrals deemed fraudulent will not be paid out and will be at the discretion of FNL.

6. Intellectual property

(a) Intellectual Property Rights - All industrial and intellectual property rights throughout the world, including all copyright and analogous rights, all rights in relation to inventions or discoveries (including patent rights), designs, registered and unregistered trade marks (including service marks), trade names, brand names, indications of source or appellations of origin, know-how, software, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.

(b) No transfer of our Intellectual Property Rights to you: The Service is protected by trademark. Our trademarks and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.

(c) Your limited rights to use the Service: You are permitted to use the Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and upload Content subject to these terms of service.

(d) How the Service must not be used: You must not use the Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

(e) Responsibility for material posted: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

(f) Your responsibilities in using hoo.be Content: If we provide you with any images, icons, video, graphics, or other content (hoo.be Content) for you to use in connection with the hoo.be Service, you must:

(1) only use such hoo.be Content on your Page and not anywhere else;

(2) comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the hoo.be Content that we provide to you.

7. Liability

(a) We are not liable for damages: You agree that we will not be liable for any damages suffered as a result of using the Service, or copying, distributing, or downloading Content from the Service.

(b) No liability for certain types of damage for breach of contract or tort: In no event will either party be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.

(c) You are responsible for your use of the hoo.be Service: You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.

(d) Indemnity: You will indemnify us against any loss suffered by us that arises out of a breach by you of these terms of service, or a third party claim made against us in relation to your Content.

8. Third party services

Disclaimer: The Service may contain (or you may be sent through the Service) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

(a) No endorsement of third party services: These services are provided by us on an as is and as available basis. We make no representations or warranties of any kind, express or implied, as to the operation of Service. You expressly agree that your use of Service is at your sole risk.

Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of Service, or that Service will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that Service is free of viruses or other harmful components, or that Service will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, whether express of implied, statutory, or otherwise, including but not limited to any warranties or merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. Unless we otherwise specifically state, we do not endorse (or make any warranties or representations in relation to) any third party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.

(b) Terms and conditions of third party services: You will comply with the terms and conditions that you have either separately agreed to comply with or that we make it clear to you that you must comply with of any third party service that you use in conjunction with the Service. For ease of reference, here is a link to Youtube Terms of Service https://www.youtube.com/t/terms. FNL does not collect or store YouTube API data from the User’s device. Here is a link to Google Privacy Policy https://policies.google.com/privacy?hl=en-US

(c) No refunds: We do not offer refunds for any amounts you have paid to a third party.

(d) Suspension or cancellation of account: If you do not agree with the third-party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.