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Ahoodie Terms and Conditions of Use

Hello, and welcome to our Terms and Conditions of Use. This is important and affects your legal rights, so please read them carefully.

Introduction

Thanks for choosing Ahoodie (“Ahoodie”, “we”, “us”, “our”). By signing up or otherwise using the Ahoodie service, websites, and software applications (together, the “Ahoodie Service” or “Service”), or accessing any content or material that is made available by Ahoodie through the Service (the “Content”) you are entering into a binding contract with the Ahoodie entity indicated at the bottom of this document.

You acknowledge that you have read and understood the Terms and Conditions, accept these Terms, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Terms and Conditions, then you may not use the Ahoodie Service or consume any Content.

Any information that you provided during sign-up can be corrected during the sign-up process by returning to the previous screens and correcting erroneous information.

In order to use the Ahoodie Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Terms and Conditions (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Ahoodie is true, accurate, and complete, and you agree to keep it that way at all times.

Changes to the Terms and Conditions

Occasionally we may, in our discretion, make changes to the Terms and Conditions. When we make material changes to the Terms and Conditions, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Terms and Conditions, you may terminate the Terms and Conditions by contacting us through the Contact form on the site.

Enjoying Ahoodie

Here’s some information about all the ways you can enjoy Ahoodie.

Our Services

Ahoodie provides a selection of branded wallpapers to set as backgrounds on your device of choice and other content. Ahoodie services are provided to you free-of-charge.

Rights we grant you

The Ahoodie Service and the Content are the property of Ahoodie or the brand owners featured on the wallpapers. We grant you a limited, non-exclusive, revocable licence to make use of the Ahoodie Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Ahoodie. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the Ahoodie Service or the Content.

The Ahoodie software applications and the Content are licensed, not sold, to you, and Ahoodie or brands featured on the site retain ownership of all copies of the Ahoodie software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

All Ahoodie trademarks, service marks, trade names, logos, domain names, and any other features of the Ahoodie brand (“Ahoodie Brand Features”) are the sole property of Ahoodie or its featured brands. The Terms and Conditions do not grant you any rights to use any Ahoodie Brand Features whether for commercial or non-commercial use.

You agree to abide by our User guidelines and not to use the Ahoodie Service, the Content, or any part thereof in any manner not expressly permitted by the Terms and Conditions. Except for the rights expressly granted to you in these Terms and Conditions, Ahoodie grants no right, title, or interest to you in the Ahoodie Service or Content.

Third party software (for example, open source software libraries) included in the Ahoodie Service are licensed to you either under the Terms and Conditions or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.

Rights you grant us

User

In consideration for the rights granted to you under the Terms and Conditions, you grant us the right (1) to allow the Ahoodie Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Ahoodie Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Ahoodie may contain advertising as part of the Content. In such cases, Ahoodie will make such Content available to you unmodified.

If you provide feedback, ideas or suggestions to Ahoodie in connection with the Ahoodie Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Ahoodie to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

Rights you grant us

Brand owners

Brand owners grant us the right to produce and distribute digital “wallpapers” to promote the brand or company.

User guidelines

Ahoodie respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Ahoodie stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.

The following is not permitted for any reason whatsoever:

  • copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Ahoodie Service or the Content, or otherwise making any use of the Ahoodie Service or the Content which is not expressly permitted under the Terms and Conditions or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Ahoodie Service or the Content or any part of it;
  • using the Ahoodie Service to import or copy any local files you do not have the legal right to import or copy in this way;
  • transferring copies of cached Content from an authorized Device to any other Device via any means;
  • reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Ahoodie Service, Content or any part thereof unless permitted by applicable law;
  • circumventing any technology used by Ahoodie, its licensors, or any third party to protect the Content or the Service;
  • selling, renting, sublicensing or leasing of any part of the Ahoodie Service or the Content;
  • circumventing any territorial restrictions applied by Ahoodie or it licensors;
  • artificially increasing play count or otherwise manipulating the Services by using a script or other automated process;
  • removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Ahoodie Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
  • providing your password to any other person or using any other person’s username and password;
  • “crawling” the Ahoodie Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Ahoodie; or
  • selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.

Please respect Ahoodie, the owners of the Content, and other users of the Ahoodie Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  • is offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Ahoodie or a third party;
  • includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
  • includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
  • is intended to or does harass or bully other users;
  • impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
  • uses automated means to artificially promote content;
  • involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Ahoodie inbox;
  • involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Ahoodie;
  • links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Ahoodie;
  • interferes with or in any way disrupts the Ahoodie Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Ahoodie’s computer systems, network, usage rules, or any of Ahoodie’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
  • conflicts with the Terms and Conditions, as determined by Ahoodie.

Please be thoughtful about how you use the Ahoodie Service and what you share. The Ahoodie Service includes social and interactive features, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Ahoodie or across the web, so please use Ahoodie carefully and be mindful of your account settings. Ahoodie has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

Infringement and reporting content

Ahoodie respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see Ahoodie’s copyright policy. If Ahoodie is notified by a copyright holder that any Content infringes a copyright, Ahoodie may in its absolute discretion take actions without prior notification to the provider of that Content.

Ahoodie respects intellectual property rights and expects its users to do the same. If you are a copyright holder and you believe that any of the copyrighted material, which is directly available via the Ahoodie Service infringes your copyrighted work, please let us know.

Please use this web form to submit a notice of alleged copyright infringement. A notice of alleged copyright infringement should be sent to Ahoodie's designated copyright agent at the following address:

Ahoodie.com
Attn: Legal Department, Copyright Agent

Ahoodie
3115-1751 Richardson Street
Montreal, Quebec, Canada
H3K 1G6
copyright@Ahoodie.com

A notification of alleged copyright infringement must be addressed to Ahoodie's copyright agent as listed above and include the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
  2. Specific identification of each copyrighted work claimed to have been infringed;
  3. A description of where the material believed to be infringed is located on Ahoodie Service or the Ahoodie Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
  4. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We should also let you know that Ahoodie has a policy to terminate in appropriate circumstances the accounts of subscribers who are repeat infringers.

Copyright © 2016 Ahoodie. All rights reserved.

Ahoodie
3115-1751 Richardson Street
Montreal, Quebec, Canada
H3K 1G6

Service limitations and modifications

Ahoodie will make reasonable efforts to keep the Ahoodie Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Ahoodie reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Ahoodie Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Ahoodie Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Ahoodie permanently discontinues prior to the end of the Pre-Paid Period, Ahoodie will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Ahoodie has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Ahoodie and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

Brand Accounts

If you establish a Ahoodie account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Terms and Conditions, apply to both you and the Brand, as applicable.

If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Terms and Conditions and to bind the Brand to the Terms and Conditions.

Following

The Brand may only follow users who first follow the Brand; and the Brand may not take any action that implies an endorsement or relationship between the Brand and the followed user, unless the Brand has independently obtained the rights to imply such an endorsement.

Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Contact form on the Contact section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.

Export control

Ahoodie’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Ahoodie under the Terms and Conditions to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Terms and Conditions.

Brand Payments, cancellations, and cooling off

Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Ahoodie Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.

When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Ahoodie Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Ahoodie at any time during the Cooling-off Period.

Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Ahoodie (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Terms and Conditions (1) after you have accessed Ahoodie during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us.

If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support via our Contact form.

Ahoodie may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. You accept the new price by continuing to use the Ahoodie Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Ahoodie Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

Term and termination

The Terms and Conditions will continue to apply to you until terminated by either you or Ahoodie. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Terms and Conditions for any reason. Ahoodie may terminate the Terms and Conditions or suspend your access to the Ahoodie Service at any time, including in the event of your actual or suspected unauthorised use of the Ahoodie Service and/or Content, or non-compliance with the Terms and Conditions. If you or Ahoodie terminate the Terms and Conditions, or if Ahoodie suspends your access to the Ahoodie Service, you agree that Ahoodie shall have no liability or responsibility to you and Ahoodie will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Ahoodie account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Terms and Conditions at any time.

The Terms and Conditions that, either explicitly or by their nature, must remain in effect even after termination of the Terms and Conditions, shall survive termination.

Warranty and disclaimer

WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE AHOODIE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE AHOODIE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AHOODIE AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER AHOODIE NOR ANY OWNER OF CONTENT WARRANTS THAT THE AHOODIE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, AHOODIE MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE AHOODIE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT AHOODIE IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE AHOODIE SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM AHOODIE SHALL CREATE ANY WARRANTY ON BEHALF OF AHOODIE IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE AHOODIE SERVICE IS TO UNINSTALL ANY AHOODIE SOFTWARE AND TO STOP USING THE AHOODIE SERVICE. WHILE AHOODIE ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO AHOODIE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AHOODIE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE AHOODIE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER AHOODIE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE AHOODIE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO AHOODIE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

Nothing in the Terms and Conditions removes or limits Ahoodie’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

Entire agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Ahoodie, the Terms and Conditions constitute all the terms and conditions agreed upon between you and Ahoodie and supersede any prior agreements in relation to the subject matter of these Terms and Conditions, whether written or oral.

Please note, however, that other aspects of your use of the Ahoodie Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability and waiver

Unless as otherwise stated in the Terms and Conditions, should any provision of the Terms and Conditions be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms and Conditions, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Ahoodie or any third party beneficiary to enforce the Terms and Conditions or any provision thereof shall not waive Ahoodie’s or the applicable third party beneficiary’s right to do so.

Assignment

Ahoodie may assign the Terms and Conditions or any part of them, and Ahoodie may delegate any of its obligations under the Terms and Conditions. You may not assign the Terms and Conditions or any part of them, nor transfer or sub-license your rights under the Terms and Conditions, to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Ahoodie harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Ahoodie Service; and (4) your violation of any law or the rights of a third party.

Contact us

If you have any questions concerning the Ahoodie Service or the Terms and Conditions, please contact Ahoodie customer service by visiting the About Us section of our website.

Thank you for reading our Terms. We hope you enjoy Ahoodie!

Contracting entity:

Monolith Agency Inc.
3115-1751 Richardson Street
Montreal, Quebec, Canada
H3K 1G6
info@ahoodie.com
+1(855) 903-1751

Copyright © 2016 Ahoodie. All rights reserved.