Terms of Use - Halo Halo App

1. READ THIS

This Terms of Use Agreement (“Agreement”) is made by and between Halo Halo Media LLC, a Florida Limited Liability Company, and you (“you,” “your,” or “User”). This Agreement applies to your access and use of any part of the Halo Halo App, Halo Halo App WebSites, and access to and use of the webpages, platform, software, services or content therein or provided thereby (collectively, the “Sites”) provided by Halo Halo Media LLC (including its affiliates, collectively referred to as “Halo Halo,” “us”, or “we”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THESE SITES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE HALO HALO PRIVACY NOTICE WHICH ARE PUBLISHED AT https://halohaloapp.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THESE SITES.

HALO HALO RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN HALO HALO’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THESE SITES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERLINK LOCATED WITHIN THE SITES.

2. ACCESS AND USE OF THE SITES

To access these Sites or some of the features they offer, you may be asked to provide certain registration details or other account information. It is a condition of your use of these Sites that all the information you provide on these Sites will be correct, current, and complete. If HALO HALO believes the information, you provide is not correct, current, or complete, HALO HALO has the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Halo Halo immediately of any breach of security or unauthorized use of your account. Although Halo Halo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Halo Halo or others due to such unauthorized use.

You may not access or use, or attempt to access or use, the Sites to take any action that could harm HALO HALO, its affiliates, service providers, licensors, or any other third party, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:

i. impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;

ii. allow any other person to use the Sites under your account;

iii. engage in unauthorized “crawling,” “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;

iv. take any action that imposes an unreasonable or disproportionately large load on HALO HALO’s network or infrastructure;

v. use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Sites or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;

vi. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Sites;

vii. distribute any unauthorized materials or advertise or promote goods or services through the Services without HALO HALO’s permission (including, without limitation, by sending spam); or

viii. engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites, or that, in HALO HALO’s sole judgment, exposes HALO HALO or any of HALO HALO’s users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability. HALO HALO may investigate and work with law enforcement authorities to prosecute users who violate the Agreement.

You must use the Sites and Content in compliance with applicable laws and you may not use the Sites in any manner that may have a detrimental effect on the Sites, HALO HALO, its users or any other third parties. All licenses are non-exclusive and all rights not expressly granted in the Agreement are reserved to HALO HALO.

You acknowledge and agree that we may use automated and/or discretionary tools, personnel, and systems to review, monitor, and moderate user postings, Content, and other content on the Sites for violations of the Agreement or existing and future policies and guidelines, and applicable law.

3. RESTRICTIONS ON USE

You may use these Sites for purposes expressly permitted by these Sites. As a condition of your use of HALO HALO’s Sites, you warrant to HALO HALO that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) cobrand the Sites or (ii) frame these Sites, or (iii) hyperlink to these Sites, without the express prior written permission of an authorized representative of HALO HALO. For purposes of these Terms of Use, “cobranding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute these Sites or content accessible within these Sites. You agree to cooperate with HALO HALO in causing any unauthorized cobranding, framing, or hyperlinking immediately to cease. In addition, you may not use HALO HALO’s Sites in any manner which could disable, overburden, damage, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Sites.

To use the Sites, you must be at least thirteen (13) years old (or the minimum permissible age under the applicable law of your jurisdiction, if higher) ("Minimum Age"). The use of the Sites by anyone under the Minimum Age is unauthorized and unlicensed. By using the Sites, you represent and warrant that you meet the foregoing requirement. If you do not meet this requirement, you may not access or use the Sites.

If you are between 13 and 18 (or between the Minimum Age and the age of legal majority in your jurisdiction of residence, a "Minor(s)"), you may only use the Sites under the supervision of a parent or legal guardian ("Representative(s)") who agrees to be bound by the Agreement.

You represent to us that (i) you are at least of Minimum Age and (ii) if you are a Minor, you may only use the Sites under the consent and supervision of a Representative who agrees to be bound by the Agreement, and the use of the Sites is for personal purpose. We may request you to provide evidence of your Representative’s consent or your age. We may also terminate your use of the Sites if it comes to our attention that any of your representations to us are not correct. You declare that if you are a Minor, your Representative(s) have read and agreed with these Terms of Use and Privacy Policy before you start to use the Sites or any other products or services offered by HALO HALO. We advise Representatives who permit their represented Minors to use the Sites to communicate with them about online safety, as well as about the content rating and any occasional improper contents which may be found in the Service. Represented Minors permitted to use any interactive service should be made aware by their Representatives of the potential risks to them. Representatives shall be liable for the acts or omissions of their represented Minors.

4. PERSONAL AND NONCOMMERCIAL USE LIMITATION

HALO HALO’s Sites are for your personal and noncommercial use, unless otherwise specified. You may not use this Sites for any other purpose, including any commercial purpose, without HALO HALO’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or otherwise connected to HALO HALO’s Sites.

5. PROPRIETARY INFORMATION

The material and content accessible from these Sites, and any other Sites owned, operated, licensed, or otherwise controlled by HALO HALO (the “Content”) is the proprietary information of HALO HALO or the party that provided or licensed the Content to HALO HALO, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of HALO HALO, except that you may print out a copy of the Content which you have purchase solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates HALO HALO’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Sites.

6. HYPERLINKS

These Sites may be hyperlinked to other Sites which are not maintained by, or related to, HALO HALO. Hyperlinks to such Sites are provided as a service to users and are not sponsored by or affiliated with this Sites or HALO HALO. HALO HALO has not reviewed any or all of such Sites and is not responsible for the content of those Sites. HALO HALO is not responsible for webcasting or any other form of transmission received from any hyperlinked Sites. Hyperlinks are to be accessed at the user’s own risk, and HALO HALO makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or the Sites hyperlinked to this Sites. HALO HALO provides hyperlinks as a convenience, and the inclusion of any hyperlink to a third-party Sites does not necessarily imply endorsement by HALO HALO of that Sites or any association with its operators.

7. USE OF COMMUNICATION SERVICES

HALO HALO’s Sites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Sites any material that:

(i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates illegal activity or discusses an intent to commit an illegal act;

(iii) is vulgar, obscene, pornographic, or indecent;

(iv) does not pertain directly to these Sites;

(v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening, or offensive;

(vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

(viii) violates any law or may be considered to violate any law;

(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;

(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Sites;

(xii) solicits funds, advertisers, or sponsors;

(xiii) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;

(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Sites;

(xv) includes MP3 format files;

(xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

(xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of these Sites or any networks connected to these Sites; or

(xviii) contains hyperlinks to other Sites that contain content that falls within the descriptions set forth above.

HALO HALO reserves the right to monitor use of these Sites to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. HALO HALO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. HALO HALO also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither HALO HALO nor any third party that provides Content to HALO HALO will assume or have any liability for any action or inaction by HALO HALO or such third party with respect to any submission. HALO HALO cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. HALO HALO does not control or endorse the content, messages, or information found in any Communication Service and, consequently, HALO HALO specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HALO HALO spokespersons, and their views do not necessarily reflect those of HALO HALO.

8. SUBMISSIONS

You hereby grant to HALO HALO the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to HALO HALO through these Sites (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. HALO HALO will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future HALO HALO operations.

HALO HALO will treat any personal information that you submit through this Sites in accordance with its Privacy Policy https://halohaloapp.com/privacy.

9. DISCLAIMER

You understand that HALO HALO cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to these Sites for any reconstruction of any lost data. HALO HALO does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by HALO HALO.

YOUR USE OF THIS SITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HALO HALO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. HALO HALO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HALO HALO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HALO HALO MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HALO HALO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITES OR ITS CONTENT. HALO HALO MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Sites, and HALO HALO does not undertake any obligation to update such information after it is posted or to remove such information from this Sites if it is not, or is no longer accurate or complete.

10. LIMITATION ON LIABILITY

HALO HALO, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HALO HALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HALO HALO AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HALO HALO FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

11. TERMINATION OR RESTRICTION OF ACCESS

HALO HALO reserves the right, in its sole discretion, to terminate your access to any or all of HALO HALO’s Sites and the related services or any portion thereof at any time, without notice.

12. INDEMNITY

You will indemnify and hold HALO HALO, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from these Sites.

13. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this Sites are the property of HALO HALO or the party that provided the trademarks, services marks, logos, and copyrighted works to HALO HALO. HALO HALO and any party that provided trademarks, service marks, logos, and copyrighted works to HALO HALO retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in these Sites.

14. COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HALO HALO’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying HALO HALO and its affiliates that your copyrighted material has been infringed.

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Sites, including the auction ID number, if applicable;

• Your address, telephone number, and e-mail address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• 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.

HALO HALO’s Copyright Agent for notice of claims of copyright infringement on its Sites can be reached as follows:

Halo Halo Media LLC Legal Department

9105 New Hope Court, Royal Palm Beach, FL 33411

E-mail: info@halohaloapp.com

15. SECURITY

Any passwords used for these Sites are for individual use only. You will be responsible for the security of your password (if any). HALO HALO will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that HALO HALO considers insecure, HALO HALO will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with these Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, HALO HALO reserves the right to release your details to system administrators at other Sites in order to assist them in resolving security incidents. HALO HALO reserves the right to investigate suspected violations of these Terms of Use.

In order to keep the Sites up-to-date and in conformance, Halo Halo may make available updates/upgrades to the Sites. If you do not download such updates/upgrades, your use of the Sites may not be secure, and you may not receive certain features, functionality, or notices and/or you may lose access to certain features, functionality, or notices of the Sites.

You may not modify, reverse engineer, decompile, reproduce, copy, disassemble the Sites or any other component of the Site or Content or reduce the Sites or any software or data in which the Content is stored to a human-readable form, whether in whole or in part, create any derivative works from or of the Sites or any other component of the Sites or Content, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Sites, or any other component of the Sites or Content; e.g., by modifying, defeating, augmenting, or substituting any digital rights management functionality.

HALO HALO reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction HALO HALO to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS HALO HALO FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HALO HALO DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HALO HALO OR LAW ENFORCEMENT AUTHORITIES.

16. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and HALO HALO arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in Florida.

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HALO HALO as a result of this agreement or use of HALO HALO’s Sites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and HALO HALO with respect to HALO HALO’s Sites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on these Sites will govern the items to which they pertain.

HALO HALO may revise these Terms of Use at any time by updating this posting. All modifications to the Agreement that we post on the Sites will be effective immediately upon posting, and your continued use of the Sites after we post changes to the Agreement will confirm your acceptance of the changes. If you do not agree to the modified Agreement, you must stop using the Sites.

17. CONTACT INFORMATION

For help with the Sites and/or Content, please contact Customer Service at hello@halohaloapp.com

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Terms of Use - Halo Halo App