Thank you for using the Hopin App Store (“App Store”) available at: https://apps.hopin.com a service provided by Hopin Ltd., and its affiliates (“Hopin”). The App Store is where Hopin makes certain applications and integrations available for use by its Customers.
“App Partner” are partners, service providers and other individuals or entities that list or provide their Applications on the Hopin App Store.
“Application” or“ App” means those products, services, integrations, applications, templates, themes, modules, digital assets, or applications that are listed on or offered by App Partners on the Hopin App Store.
“Customer” means the individual or entity that has purchased and/or uses the Hopin Platform.
“Hopin Platform” means the product and services provided by Hopin including the App Store.
You can access the App Store with or without a Hopin account, however, only Hopin Organizers will be able to integrate their Hopin Organization with available Apps. We can choose which Apps or Partners to promote, and we can also choose how we want to promote them, if at all. Provision of the App Store does not mean we endorse, support or warrant any Apps, even if such Apps have been built by Hopin.
You may use the App Store to browse, locate, view, use, license, install, subscribe to, and/or display your Applications for use with the Hopin Platform. Your ability to access or use certain Apps or functionality of the App Store may be limited by your subscription plan with Hopin, or your status as an App Partner or Customer.
The App Store may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Hopin is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.
Any access or use of the App Store is subject to the Hopin Community Guidelines.
As an App Partner in order to list your Application on the App Store, you must comply with and abide by your other applicable agreements with us. You agree to ensure that information contained on your Application’s listing is up to date and will provide Hopin commercially reasonable support to ensure your Application’s information is correct. Further, you grant Hopin any rights necessary (including but not limited to trademark licenses, copyright licenses, etc.) in order to display your Application and associated content. Such rights will terminate upon expiration or termination of this Agreement, or your applicable partner agreement with Hopin. If you have already granted such rights to Hopin in a separate agreement or writing, then those terms will control for the purposes of any licenses to your intellectual property. We reserve the right to edit and remove any content on the App Store at our sole discretion and subject to any licenses or other agreements with respect to that content.
You are not granted a license to any software or any intellectual property rights by these App Store ToU. The Hopin Platform and App Store are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them. Our trademarks include, but are not limited to, those listed at: https://hopin.com/legal/trademarks (which we may update at any time without notice to you) and you may not use any of these without our prior written permission, or as otherwise granted to you by another agreement with Hopin.
We encourage all Customers and App Partners to comment on the App Store and Hopin Platform, and provide suggestions for improving them. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Hopin Platform and/or App Store without payment or attribution to you.
We respect the intellectual property rights of others, and we ask our users and partners to do the same. We may, in our sole discretion, suspend the access or terminate the accounts or use of the App Store of users who violate others' intellectual property rights. If you believe that your work has been copied or used in a way that violates your intellectual property rights on the App Store, please follow the steps and provide the information as detailed in the Hopin Community Guidelines.
We will use reasonable efforts to provide notice to you of any material changes to these App Store ToU. Upon publication of any changes, any such changes will be binding on you. If you do not agree with the changes, you should discontinue using the App Store. If you continue to use the App Store, such changes will be deemed effective and applicable to you.
Term. These App Store ToU shall remain in effect for as long as you use the App Store.
Termination by Hopin. We may terminate these App Store ToU and/or suspend your access to the App Store immediately if you:(i) violate any of the terms of this Agreement, (ii) use the App Store in a way which has or may negatively reflect on or affect us, our prospects, partners, or our customers, (iv) violate our Community Guidelines, or (v) if we determine it to be necessary or desirable in our sole discretion. Termination or expiration of these ToU shall not automatically cause your other agreements with Hopin to terminate or expire.
Termination by You. You may terminate these App Store ToU at any time, for any reason, and without notice by: (1)discontinuing all use of the App Store, and (2) if you are an App Partner, removing your Application from the App Store. Any new or continued use of the App Store will be subject to the App Store ToU. In the event you terminate your customer or partner agreement with Hopin, these App Store ToU shall likewise terminate.
HOPIN AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE HOPIN PLATFORM OR PRODUCTS OR SERVICES, THE APP STORE, THE APP PARTNER LISTINGS, APPS OFFERINGS OR APP PARTNER CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) OR OTHER TOOLS USED TO INTEGRATED WITH THE HOPIN PLATFORM MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE APP STORE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE APP STORE, APPLICATIONS, APP PARTNERS AND ANY ASSOCIATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE APP STORE AND ANY APPLICABLE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
You represent and warrant that (as applicable): (i) your use of the App Store will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all content with us for our use and with other users of the App Store, (iii) that the Applications and associated content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right, and (iv) your use of the App Store shall comply with any requirements set out by any other applicable agreements with Hopin. You further represent and warrant that you have all sufficient rights and permissions to offer and provide your application on the App Store.
WITHOUT LIMITING OR ALTERING ANY OTHER OBLIGATIONS BETWEEN YOU AND HOPIN YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOPIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUPPLIERS, AND RESELLERS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM: (I) YOUR USE OF OUR APP STORE; (II) YOUR VIOLATION OF THESE APP STORE TOU; (III) YOUR USE OR PROVISION OF APPLICATIONS OR THIRD-PARTY SERVICES; (IV) OR THE INFRINGEMENT OR VIOLATION BY YOU OR ANY OTHER USER OF YOUR ORGANIZER ACCOUNT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR APPLICABLE LAW. HOPIN WILL USE GOOD FAITH EFFORTS TO PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOPIN BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HOPIN IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO $500 USD (FIVE HUNDRED DOLLARS).
WE DISCLAIM ALL LIABILITY WITH RESPECT TO APPLICATIONS, THIRD-PARTY SITES, AND THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE APP STORE TO YOU.
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to Hopin, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) Hopin is under no obligation of confidentiality, express or implied, with respect to the Feedback; (c) Hopin shall be entitled to use or disclose such Feedback for any purpose, in any way, in any media, worldwide; (d) Hopin may already be developing a solution or solution component related to the Feedback; and (e)you grant Hopin a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish the Feedback for any purpose, without compensation to you.
Assignment. You may not assign these App Store ToU, whether by operation of law, change of control, merger, asset sale, or otherwise, without our prior written consent. We may assign or transfer these App Store ToU, at our sole discretion, without restriction.
Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these App Store ToU (together with any terms incorporated herein)constitute the entire and exclusive understanding and agreement between Hopin and you regarding the App Store, and these App Store ToU supersede and replace any and all prior oral or written understandings or agreements pertaining to the App Store. In the event of conflict between these App Store ToU and any other agreements you have with Hopin, then the terms of these ToU shall control only with respect to the App Store or any matter relating to your use of the App Store.
Survival. Provisions of these App Store ToU that, by their terms, require performance after the termination or expiration of these Terms will survive, such as the rights and requirements of Sections 4, 6, 7, 8, 9, 10.
No Waiver. No failure by Hopin to enforce any of its rights related to the App Store or to a breach of these App Store ToU in a particular situation will act as a waiver of such rights.
Severance. If any provision of the App Store ToU is judged illegal, invalid, or otherwise unenforceable, that provision shall be severed and the rest of these App Store ToU shall remain in full force and effect.
No Third Party Beneficiaries. Nothing in these App Store ToU express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of these App Store ToU.
No Licenses. We grant to you only the rights and licenses expressly stated in these App Store ToU, and you receive no other rights or licenses with respect to us, the Hopin products and services, our trademarks, or any other property or right of ours.
Applicable Law. This Agreement shall be governed and construed under, the laws of England and Wales and each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales, without regard to the conflict of laws provisions thereof.
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