Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM. By accessing or using this website, mobile application or other STAYHOOKED product or service (collectively the "Platform") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of STAYHOOKED. STAYHOOKED may change these Terms of Use at any time without notice, effective upon its posting to the Platform. Your continued use of the Platform shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Platform.

Intellectual Property

All intellectual property on the Platform (except for User Generated Content) is owned by STAYHOOKED or its licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names (e.g., the STAYHOOKED name and the Swoosh design) are owned, registered and/or licensed by STAYHOOKED. All content on the Platform (except for User Generated Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of STAYHOOKED; All rights reserved.

Platform Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Platform or to place an order or purchase STAYHOOKED products. You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Platform, including User Generated Content (defined below), without STAYHOOKED's prior written consent, unless it is your own User Generated Content that you legally post on the Platform. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

Physical Activity Notice

The Platform may include features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. STAYHOOKED is not responsible or liable for any injuries or damages you may sustain that result from your use of, or inability to use, the features of the Platform.

Product Orders

All orders placed through the Platform are subject to STAYHOOKED's acceptance. This means that STAYHOOKED may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, STAYHOOKED will issue you a refund.

Safeguard Your Username/Password

You are responsible for any actions that take place while using your STAYHOOKED account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. STAYHOOKED is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.

Eligibility and Registration

To become a member of the STAYHOOKED Platform, or post User Generated Content, you may be required to register for an account. You agree to provide accurate and current information about yourself in all registration forms on the Platform. This Platform is intended solely for users who are thirteen (13) years of age or older and it is a violation of these Terms of Use for anyone under 13 to register for the Platform. You represent and warrant that you are 13 or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger.

Copyright Infringement Complaints

If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information: (1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Platform the material that you claim is infringing is located; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give STAYHOOKED legally sufficient notice to STAYHOOKED of infringement. Send copyright infringement complaints to:

Email: legal@stayhooked.com

We suggest that you consult your legal advisor before filing a notice with STAYHOOKED's copyright agent, because there may be penalties for false claims.

Links

The Platform may contain links to websites, applications or other products or services operated by other companies ("Third Party Platforms"). STAYHOOKED does not endorse, monitor or have any control over these Third Party Platforms, which have separate terms of use and privacy policies. STAYHOOKED is not responsible for the content or policies of Third Party Platforms and you access such Third Party Platforms at your own risk.

Mobile Services

The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using STAYHOOKED's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

Indemnification

You agree to indemnify, defend, and hold harmless STAYHOOKED, Inc, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party.

Privacy

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform.

User Interaction Disclaimer

You are solely responsible for your interactions with other people, whether online or in person. STAYHOOKED is not responsible or liable for any loss or damage resulting from any interaction with other Platform users, persons you meet through the Platform, or persons who find you because of information posted on, by or through the Platform. You agree to take reasonable precautions in all interactions with other users on the Platform, and conduct any necessary investigation before meeting another person.  STAYHOOKED is under no obligation to become involved with any user dispute, but may do so at its own discretion.

Termination

STAYHOOKED reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else. STAYHOOKED also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g., Facebook,  Twitter, Google, etc), may continue to appear on the Platform or on other platforms even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.