hooeey 2.6b

End-User License Agreement

hooeey requires that you accept the following End-User License Agreement before installation can proceed:

hooeey Registered User Agreement
hooeey.com’ is an interactive web-browser toolbar and web-site brought out by M/s. Principal Axis Systems Pvt. Ltd., (hereinafter hooeey shall mean both the company and the service provided by the company) a company incorporated under the provisions of the Indian Companies Act, 1956 which offers browser historyrnrecording, tagging and social networking in a single portal, to its users and members. hooeey’s service comprises of (a) a toolbar that can be downloaded and installed onrnthe member’s computer and (b) a website that provides in addition to public space,rnpersonal accounts for members to store their browser history, tags and comments thatrncan be shared with other hooeey users. By registering with hooeey as a member, yournagree to be bound by hooeey’s terms of use. You are authorised to use hooeey’srnservices as a member only upon your acceptance of the terms of this Agreement. Ifrnyou do not concur with the terms herein, you are requested to stop using hooeey andrnleave hooeey immediately. hooeey reserves the right to change or alter these terms ofrnuse at any time.rnMembership EligibilityrnThe membership of hooeey is open to all users, irrespective of age, sex, race, creed orrnnationality. However, hooeey reserves the right to reject, cancel or terminate anyrnaccount without assigning any reason whatsoever, as and when it deems fit. hooeey isrnnot available to persons whose membership has been suspended or terminated. If yournare below 18 years of age, your guardian shall enter into this agreement on yourrnbehalf.rnNature of UsernThe services of hooeey are intended for personal use only. No user shall use hooeeyrnfor commercial purposes. Any unauthorised use of hooeey, including use of any sortrnof member information for commercial use, unauthorised tracking of member usagernpatterns, use of email addresses of members to send unsolicited communication orrnunauthorised linkage to hooeey is strictly restricted. hooeey may remove allrnunauthorised linkages, advertisements and other forms of undesirable solicitationrnfrom member accounts, as and when it deems fit and reserves the right to suspend orrnterminate such accounts.rnAccount and Password ObligationsrnAs a member, you are entirely responsible for the proper use and confidentiality ofrnyour account and password. You shall not use the account, username or password ofrnanother member at any time. Any disclosure of your password details to third partiesrnis not permissible and is solely at your risk. You shall notify hooeey of any allegedrnunauthorised use of your account or access to your password.rnIn the event of your account being inactive for a period of six months hooeeyrnreserves the right to disable or terminate your account and re-allocate your user id orrnemail account with hooeey, without any further notice.rnRepresentation and Warranties by MembersrnYou hereby represent and warrant that all the information provided by you tornhooeey, while using its services is accurate and current and that you have thernnecessary right and authority to enter this agreement.rnYou also represent and warrant that you have the necessary right and authority to allrnthe content posted by you and such content does not infringe the rights of any otherrnparty.rnUsage of hooeey Toolbarrnhooeey’s toolbar records your browsing – the Uniform Resource Locators (“URL’s”)rnvisited and the time spent visiting it, on to local files on your computer. You canrnchoose the links to be uploaded on to your personal web account on hooeey andrndelete the rest. The chosen links are put into a database maintained under your name.rnhooeey does not create or store actual content such as web pages, images, music orrnvideo clips, but only allows you to store links or URLs that lead to such web content. hooeey tracks and collects a record of your web browsing activity within and acrossrnwebsites and browsers. hooeey also collects and stores other user information thatrnyou provide when you download and install the hooeey toolbar. The ‘hooeey toolbar’ is provided on an ‘as is where is’ basis, with no warranties whatsoever. You understand and agree that you download and use the ‘hooeey toolbar’ at your own discretion and risk and that you will be solely responsible forrnany damages that arise from such use. hooeey expressly disclaims, all express, impliedrnand statutory warranties and guarantees, if any. hooeey shall not be liable for anyrnconsequences, directly or indirectly, punitive or otherwise, special or incidental,rnarising from the download of the ‘hooeey toolbar’, or resulting from any kind ofrnmodification, alteration or use or misuse whatsoever, carried out or made by you, thernuser, to the ‘hooeey toolbar’, including any efforts at back-engineering or reversernengineering.rnYou understand and agree that you download or otherwise obtain material or datarnthrough the use of the hooeey toolbar at your own discretion and risk and that yournwill be solely responsible for any damages to your computer system or loss of datarnthat results from the download of such material or data.rnhooeey’s Right of Usagernhooeey enables you to upload your browser history and tags to a personal on-linernaccount. hooeey may track the personal information you provide while registering asrna member and the information you upload and store in your account. hooeey usesrnthis information to determine usage pattern and provide an analysis of your browsingrnhabits to help you manage your browser time better. This information may includernthe URL that you just came from, the URL you next go to and your IP address.rnYou can invite your friends/family to become hooeey users. hooeey may track emailrnaddresses of your friends/family to add them as your contacts once they register intornhooeey.rnContent of Linksrnhooeey is not responsible for the content of any links, search results, content put uprnby the users of hooeey or any third party content. Such content may be inaccurate,rnoffensive, sexually explicit or inappropriate and hooeey has no control over suchrncontent and assumes no responsibility or liability for the same.rnAs a member, you are advised to use hooeey responsibly by refraining from postingrnundesirable content onto Public Space and Community Space. hooeey is open tornpeople of all age groups.rnFor the sake of clarity, it is agreed and understood that hooeey does not publish orrntransmit or caused to be published in material in any form or manner and shall inrnno circumstances be deemed to own, control, or otherwise be responsible for thernmaterial that may be posted by the Member, or any third party, and the Memberrnalone shall be responsible for the same. hooeey reserves its right to remove or deleternany material found unsuitable for any reason whatsoever, at its discretion, apart fromrnthe right to forthwith terminate the account in case of the Member posting orrncausing to be posted material that is unsuitable in the opinion of hooeey.rnInformation disclosurernhooeey may, if requisitioned by law enforcement authorities, disclose your personalrninformation, to enforce intellectual property rights, take action against fraud andrnother such crimes to help protect you and other users from law-breakers. Withoutrnlimiting the above, in an effort to respect your privacy and hooeey’s ability to assistrnin law enforcement, hooeey will not otherwise disclose your personal information tornlaw enforcement or other government authorities without a direction from court orrnsuch other similar legal procedural requirement, except when hooeey believes in goodrnfaith that the disclosure of information is necessary to prevent imminent physicalrnharm or financial loss or suspected illegal activity.rnhooeey IPrnhooeey’s software solution of combining browser history records, tags and socialrnnetworking forms part of its intellectual property and is protected by applicablernIndian and international intellectual property laws and any use of the same in anyrnmanner, either directly or indirectly, either in whole or part shall result inrninfringement of hooeey’s intellectual property. hooeey is the sole owner of the hooeeyrntoolbar.rnhooeey’s Intellectual Property includes and is not limited to the mark ‘hooeey’ ‘yourrnfootprints on the web’ and the layout of the website, style of icons and the contentrnprovided by the service.rnAll content on hooeey, such as text, graphics, logos, button icons, images, audio clips,rnvideo clips, digital downloads, data compilations, and software, is the property ofrnhooeey or its content suppliers and protected by Indian and international copyrightrnlaws. The compilation of all content on this site is the exclusive property of hooeeyrnand protected by Indian and international copyright laws. All software used on thisrnsite is the property of hooeey or its software suppliers and protected by Indian andrninternational copyright laws.rnhooeey, the hooeey logo and other marks indicated on the site are trademarks ofrnhooeey. Other hooeey graphics, logos, page headers, button icons, scripts and servicernnames are trademarks or trade dress of hooeey. hooeey’s trademarks and trade dressrnmay not be used in connection with any product or service that is not hooeey’s, inrnany manner that is likely to cause confusion or deception of users, or in any mannerrnthat disparages or discredits hooeey. All other trademarks not owned by hooeey thatrnappear on this site are the property of their respective owners, who may or may notrnbe affiliated with, connected to, or sponsored by hooeey.rnYou acknowledge that hooeey owns all right, title and interest in and to the Service,rnincluding without limitation all intellectual property rights and such rights protectedrnby Indian and international intellectual property laws. Accordingly, you agree thatrnyou shall not copy, alter, modify, or otherwise reproduce works from hooeey, directlyrnor indirectly, in any manner or form whatsoever.rnLimitation of LiabilityrnYou understand and agree that you use the Site and services at your own discretionrnand risk and that you will be solely responsible for any damages that arise form suchrnuse.rnUnder no circumstances shall hooeey be liable for any direct, indirect, special,rnincidental, consequential or punitive damages of any kind, or any other damagesrnwhatsoever, including without limitation, damages related to use, misuse, reliance on,rninability to use and interruption, suspension or termination of the site or services,rndamages incurred through any links provided on the site and the non-performancernthereof and damages related to use, sales, data, goodwill or profits, whether or notrnhooeey has been advised of such possibility. Your only right with respect to anyrndissatisfaction with this site or services or with hooeey shall be to terminate use ofrnthis site and services.rnTermination of AccountrnYour hooeey account may be terminated by you with/ without any reasons assigned,rnby giving notice to hooeey by email.rnhooeey reserves the right to terminate, cancel or otherwise disable your account in thernevent of any breach by you of the terms of this agreement and as otherwise providedrnin this agreement.rnIndemnityrnYou agree to indemnify and hold hooeey, its subsidiaries, and affiliates, and theirrnrespective officers, agents, partners and employees, harmless from any loss, liability,rnclaim, or demand, made by any third party due to or arising out of your use, eitherrndirectly or indirectly, of hooeey’s services in violation of this Agreement and/orrnarising from a breach of this Agreement and/or any breach of your representationsrnand warranties set forth above and/or if any Content that you post on hooeey orrnthrough hooeey’s services causes hooeey to be liable to another.rnDispute Resolution and Governing LawrnIn the event of any dispute or difference arising between the Parties hereto inrnregard to any matter relating to or connected with this Agreement, the samernshall be referred to Arbitration by a sole arbitrator who is appointed by hooeey, inrnaccordance with the Arbitration and Conciliation Act, 1996 and the decision of thernArbitrator shall be final and binding on both the Parties. The venue for Arbitrationrnshall be Bangalore and the Courts at Bangalore shall have exclusive jurisdictionrnin regard to this Agreement where permissible under the Arbitration &rnConciliation Act, 1996.rnYou have read this agreement and Agree to all of the Provisions containedrnhereinabove.

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