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Hmmm Terms of Use Agreement
Hmmm is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. Hmmm! A new mobile app that will change the way we connect with people and places. The services offered by Hmmm ("Hmmm" or "we") include the Hmmm website (the " Hmmm Website"), and any other features, content, or applications offered from time to time by Hmmm in connection with the Hmmm Website (collectively, the "Hmmm Services"). The Hmmm Services are hosted in the United States of America.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Hmmm Services. By using the Hmmm Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Hmmm Website) or you are a "Member" (which means that you have registered with Hmmm). The term "User" refers to a Visitor or a Member. You are only authorized to use the Hmmm Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Hmmm Website and discontinue use of the Hmmm Services immediately. If you wish to become a Member, communicate with other Members and make use of the Hmmm Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Hmmm's policy for acceptable use of the Hmmm Services and Content posted on the Hmmm Website, your rights, obligations and restrictions regarding your use of the Hmmm Services and Hmmm's Privacy Policy. In order to participate in certain Hmmm Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Hmmm Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Hmmm may modify this Agreement from time to time and such modification shall be effective upon posting by Hmmm on the Hmmm Website. You agree to be bound to any changes to this Agreement when you use the Hmmm Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Hmmm and that you provide to other Users. Your Hmmm profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Hmmm Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Hmmm assumes no responsibility or liability for this material. If you become aware of misuse of the Hmmm Services by any person, please contact Hmmm.

Hmmm reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Hmmm Services at any time, for any or no reason, with or without prior notice, and without liability. Hmmm expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Hmmm Services if Hmmm determines, in its sole discretion, that you pose a threat to Hmmm and/or its Users.

1. Eligibility. Use of and Membership in the Hmmm Services is void where prohibited. By using the Hmmm Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 10 years of age or older; and (d) your use of the Hmmm Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 10 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the Hmmm Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Hmmm Home Settings page. Hmmm may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Hmmm immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

4. Non-commercial Use by Members. The Hmmm Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Hmmm. Illegal and/or unauthorized use of the Hmmm Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Hmmm Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Hmmm Services.

5. Proprietary Rights in Content on Hmmm.
1. Hmmm does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Hmmm Services. After posting your Content to the Hmmm Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Hmmm Services, you hereby grant to Hmmm a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Hmmm Services.

Without this license, Hmmm would not be unable to provide the Hmmm Services. For example, without the right to modify Member Content, Hmmm would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Hmmm could not allow Users to listen to music posted by Members. The license you grant to Hmmm is non-exclusive (meaning you are free to license your Content to anyone else in addition to Hmmm), fully-paid and royalty-free (meaning that Hmmm is not required to pay you for the use on the Hmmm Services of the Content that you post), sublicensable (so that Hmmm is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Hmmm Services), and worldwide (because the Internet and the Hmmm Services are global in reach). This license will terminate at the time you remove your Content from the Hmmm Services. The license does not grant Hmmm the right to sell your Content, nor does the license grant Hmmm the right to distribute your Content outside of the Hmmm Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through the Hmmm Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Hmmm Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Hmmm Services.

3. The Hmmm Services contain Content of Hmmm ("Hmmm Content"). Hmmm Content is protected by copyright, trademark, patent, trade secret and other laws, and Hmmm owns and retains all rights in the Hmmm Content and the Hmmm Services. Hmmm hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Hmmm Content (excluding any software code) solely for your personal use in connection with viewing the Hmmm Website and using the Hmmm Services.

4. The Hmmm Services contain Content of Users and other Hmmm licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Hmmm Services.

6. Content Posted.
1. Hmmm may delete any Content that in the sole judgment of Hmmm violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Hmmm assumes no responsibility for monitoring the Hmmm Services for inappropriate Content or conduct. If at any time Hmmm chooses, in its sole discretion, to monitor the Hmmm Services, Hmmm nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the Hmmm Services, and any material or information that you transmit to other Members and for your interactions with other Users. Hmmm does not endorse and has no control over the Content. Content is not necessarily reviewed by Hmmm prior to posting and does not necessarily reflect the opinions or policies of Hmmm. Hmmm makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Hmmm Services. Hmmm reserves the right to investigate and take appropriate legal action against anyone who, in Hmmm's sole discretion, violates this provision, including without limitation, removing the offending communication from the Hmmm Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Hmmm:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person''s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone''s privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person''s consent; or

15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Hmmm Website and through your use of the Hmmm Services. Hmmm reserves the right to investigate and take appropriate legal action against anyone who, in Hmmm's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Hmmm Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Hmmm Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;

3. covering or obscuring the banner advertisements on your personal profile page, or any Hmmm page via HTML/CSS or any other means;

4. any automated use of the system, such as using scripts to add friends or send comments or messages;

5. interfering with, disrupting, or creating an undue burden on the Hmmm Services or the networks or services connected to the Hmmm Services;

6. attempting to impersonate another Member or person;

7. for band profiles, copying the code for your Hmmm Player and embedding it into other profiles or asking other Members to embed it into their profiles;

8. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

9. selling or otherwise transferring your profile;

10. using any information obtained from the Hmmm Services in order to harass, abuse, or harm another person;

11. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Hmmm Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose; or

12. using the Hmmm Services in a manner inconsistent with any and all applicable laws and regulations.

8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Hmmm to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Hmmm by the copyright owner or the copyright owner''s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Hmmm Services in a way that constitutes copyright infringement, please use the "May offend?" link to report it.

9. Member Disputes. You are solely responsible for your interactions with other Hmmm Members. Hmmm reserves the right, but has no obligation, to monitor disputes between you and other Members.

10. Privacy. Use of the Hmmm Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Disclaimers. Hmmm is not responsible for any incorrect or inaccurate Content posted on the Hmmm Website or in connection with the Hmmm Services, whether caused by Users of the Hmmm Services or by any of the equipment or programming associated with or utilized in the Hmmm Services. Profiles created and posted by Members on the Hmmm Website may contain links to other websites. Hmmm is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Hmmm. Inclusion of any linked website on the Hmmm Services does not imply approval or endorsement of the linked website by Hmmm. When you access these third-party sites, you do so at your own risk. Hmmm takes no responsibility for third party advertisements which are posted on this Hmmm Website or through the Hmmm Services, nor does it take any responsibility for the goods or services provided by its advertisers. Hmmm is not responsible for the conduct, whether online or offline, of any User of the Hmmm Services. Hmmm assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Hmmm is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Hmmm Services or combination thereof, including any injury or damage to Users or to any person''s computer related to or resulting from participation or downloading materials in connection with the Hmmm Services. Under no circumstances shall Hmmm be responsible for any loss or damage, including personal injury or death, resulting from use of the Hmmm Services, attendance at a Hmmm event, from any Content posted on or through the Hmmm Services, or from the conduct of any Users of the Hmmm Services, whether online or offline. The Hmmm Services are provided "AS-IS" and as available and Hmmm expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Hmmm cannot guarantee and does not promise any specific results from use of the Hmmm Services.

12. Limitation on Liability. IN NO EVENT SHALL HMMM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HMMM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HMMM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HMMM FOR THE HMMM SERVICES DURING THE TERM OF MEMBERSHIP.

13. Disputes. You and Hmmm shall be bound to submit all disputes howsoever arising out of or in connection with the use of the Hmmm Website to arbitration to one (1) arbitrator nominated and appointed by Hmmm. The language to be used in the arbitration proceedings shall be English. The award of the arbitration proceedings will be final and binding on both you and Hmmm to the extent permissible in law. These Terms of Use together with the privacy policy.

14. Indemnity. You agree to indemnify and hold Hmmm, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys'' fees, made by any third party due to or arising out of your use of the Hmmm Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Hmmm Website or through the Hmmm Services causes Hmmm to be liable to another.

15. Other. This Agreement is accepted upon your use of the Hmmm Website or any of the Hmmm Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Hmmm regarding the use of the Hmmm Services. The failure of Hmmm to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

By becoming a Member of the Site/ Hmmm Service, you agree to receive certain specific emails from www.hmmmapp.com.

Nothing in these Terms of Use shall be deemed to constitute a partnership or a joint venture between you and Hmmm. Nothing contained in these Terms of Use shall constitute you as the agent of Hmmm or otherwise entitle you to have authority to bind Hmmm for any purpose

You are under an obligation to report any misuse or abuse of the Site. If you notice any abuse or misuse of the Site or any thing which is in violation of this Agreement or any applicable law, you shall forthwith report such violation to Hmmm by writing to team@hmmmapp.com On receipt of such complaint, Hmmm may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee. Any false complaint made by a Member shall make such Member liable for appropriate legal action including but not limited to termination of his/her membership without any refund of the subscription fee.

Hmmm is a trademark of SOL STUDIOS LLC

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: team@hmmmapp.com with any questions regarding this Agreement.