The Hippo Campus LLC online mobile application (the "App") is provided by Hippo Campus LLC (hereinafter in this document known as "Hippo Campus," and may also be referenced in some documentation as "Hippo Campus Games"), an Alabama Limited Liability Company. Use of the App is subject to this agreement which incorporates by reference the Privacy Policy available at the Hippo Campus website.
BY INSTALLING OR USING THE APP, YOU AGREE TO THIS AGREEMENT. IF YOU DISAGREE WITH THIS AGREEMENT, DO NOT USE THE APP.
All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the "Content") arranged to create the design, structure, coordination, expression, appearance and feel of the App is owned, controlled or licensed by or to Hippo Campus, and is protected by United States and international patent, copyright, trademark, trade secret laws of general applicability, and the GDPR. Hippo Campus agrees to take steps to ensure that any natural person working for Hippo Campus who has access to Personal Data (as defined in GDPR) shall not process such Personal Data except upon instruction from You, unless he or she is required to do so by Applicable Law.
Except as expressly provided in the License Agreement, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise without Hippo Campus’s prior express written consent.
Further, you also agree not to reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the App;
The above notwithstanding, you may use information purposefully made available by Hippo Campus for download from the App provided that you: (1) not remove any proprietary notice language in all copies of such documents; (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; (3) make no modifications to any such information; (4) make no additional representations or warranties relating to such documents.
As long as you are in compliance with this agreement and other policies available at the Hippo Campus website, Hippo Campus grants you a personal, non-exclusive, nontransferable, revocable limited license. This license gives you permission to access and use the App using a supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the App for any other purpose. You understand that you do not own any badges or awards you may receive as a part of the App. Some aspects of the App may be purchased for an additional fee, which is a paid license to use that part of the App.
By accessing or using the App, you agree to the policies available on the Hippo Campus website. You may also be required to register an account on the App. By registering, you agree to the Privacy Policy. Further, you warrant you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent your legal guardian has read and accepted this agreement. You agree that such consent satisfies the consent requirement for minors as further described in the GDPR. You are responsible for all equipment, software, and fees necessary to access the App.
By posting content or submitting material you grant Hippo Campus a nonexclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Hippo Campus and sublicensees the right to use the name that you submit with such content. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this agreement and will not cause injury to any person or entity; and that you will indemnify Hippo Campus for all claims resulting from content you supply. Hippo Campus has the right, but not the obligation, to monitor and edit or remove any activity or content. Hippo Campus takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding the above, any Personal Data posted by You shall not be processed by Hippo Campus without your consent as required by the GDPR.
The following restrictions apply to the use of the App:
The person or organization in whose name the account is activated is ultimately responsible for all use of the account, all actions of individual users, and all the data uploaded to the account. As such, Hippo Campus strongly recommends you follow “good computing” practices, such as: keeping all user IDs and passwords confidential; frequently changing passwords; using good antivirus and security software; and keeping multiple copies of important data in secure, remote locations. Passwords should be strong, utilizing combinations of upper and lower case characters, numbers, and special characters.
The App is not be used for: (a) any independent licensing, sublicensing, renting, leasing, or other kind of resale; (b) any distribution of "spam"; (c) sending, storing or uploading any obscene, unlawful or infringing material, or violating anyone's rights; (d) sending, storing, or uploading any malicious code or viruses, or doing anything that disrupts the performance of the App generally; (e) impersonating anyone; (f) providing support or resources to organizations designated by the United States government as terrorist organizations; (g) attempting to gain unauthorized access to Hippo Campus' servers or customers; or (h) any unlawful activity. The App is not to be accessed in any way other than by the Hippo Campus provided or authorized login interface.
Without limiting any other remedies, Hippo Campus reserves the right to suspend or terminate your account at any time; however, as a practical matter, suspension or termination usually only happens in the event of your failure to comply with this agreement. If there is a breach of subscription terms, the precise course of action will depend upon the nature of the breach and the effect, if any, on the App as a whole and Hippo Campus's intellectual property rights. Upon termination of your account, Hippo Campus shall promptly return or destroy any Personal Data to You as required by the GDPR.
Hippo Campus may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) Hippo Campus's rights or property, or the rights or property of visitors to or users of the App, including Hippo Campus's customers. Except to the extent prohibited by applicable law, Hippo Campus shall notify You if it receives a request for disclosure, erasure, restriction or access of Personal Data from any third party which Hippo Campus believes it is required by law to comply. Some violations may include:
Hippo Campus reserves the right at all times to disclose any information it deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hippo Campus may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Hippo Campus may preserve any transmittal or communication from you through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or Hippo Campus determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this agreement; (3) respond to claims that any such data violates the rights of others; (4) protect the rights, property or personal safety of Hippo Campus, its employees, users of or visitors to the App, and the public.
You agree that Hippo Campus may, in its sole discretion and without notice, terminate your access to the App if it determines you have violated this agreement or other agreements or guidelines associated with your use of the App. You also agree that any violation by you of this agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Hippo Campus. Because monetary damages for such a violation would be inadequate, you consent to Hippo Campus obtaining any injunctive or equitable relief it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hippo Campus may have at law or in equity.
You agree that Hippo Campus may, in its sole discretion and without prior notice, terminate your access to the App, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (self-initiated account deletions) (3) discontinuance or material modification of the App or any service offered on or through the App or (4) unexpected technical issues or problems.
If Hippo Campus does take any legal action against you as a result of your violation of this agreement, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Hippo Campus will not be liable to you or to any third party for termination of your access to the App as a result of any violation of this agreement.
The App is owned and operated by Hippo Campus. Hippo Campus's company websites, manuals, FAQs, and all related collateral materials, in addition to the Hippo Campus web names, logos, taglines, and goodwill all belong exclusively to Hippo Campus. Your rights to use the App and the related materials, including your account, are subject to the terms of this agreement. Hippo Campus does not grant any rights to use anything else without written consent from one of its authorized company officers. Hippo Campus does not allow anyone to: (a) modify, copy, or create derivative works based on the App, its copyrighted design, or its "look and feel"; (b) frame or mirror any part of the App; (c) use any "bots", "spiders", scripts, or other similar devices or processes in connection with any of our property; or (d) reverse engineer, decompile or disassemble any of our property.
WITH THE SOLE EXCEPTION OF THE EXPRESS TERMS OF ANY APP-LEVEL GUARANTEE THEN IN EFFECT, THE APP, IS MADE AVAILABLE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." Hippo Campus MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE APP, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED. Hippo Campus IS NOT LIABLE FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF (OR THE INABILITY TO USE) THE APP. Hippo Campus IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE APP. THE EXCLUSIVE REMEDY WITH RESPECT TO THE APP IS TO DISCONTINUE USE IN ACCORDANCE WITH THE CURRENT APPLICABLE ACCOUNT TERMINATION PROCEDURES. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF Hippo Campus HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF HOW SUCH DAMAGES MAY HAVE ARISEN, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH A CLAIM IS BASED.
THE APP IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, OR INTENDED FOR USE AS, OR IN CONNECTION WITH, ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, IN WHICH THE FAILURE OF THE APP IN ANY MANNER COULD LEAD, DIRECTLY OR INDIRECTLY, TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, Hippo Campus SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
Note that from time to time Hippo Campus may provide functionality that facilitates access to other third party applications or Apps. Hippo Campus does not assume any responsibility for the operation or support of such applications, the terms and conditions for use of those Apps are set by their respective providers.
The warranty limitations, disclaimers, and other legal protections applicable to Hippo Campus in this agreement may be asserted in full by its parent, employees, officers, directors, and affiliated companies, and each are intended third-party beneficiaries of such protections.
Hippo Campus may assign its rights or delegate its duties without your consent so long as such action does not have an adverse effect on the functionality of your account; however, you cannot assign any rights without Hippo Campus's written consent, which will not be unreasonably withheld or delayed. Any notice permitted or required to be given by you will be deemed given and effective when sent to Hippo Campus by overnight mail, through an internationally recognized carrier (e.g FedEx, UPS, USPS), addressed to the headquarters address listed on Hippo Campus's website, marked "Attention: General Counsel." Hippo Campus may send notices to you by sending an e-mail to the official e-mail address provided in your account contact information.
Hippo Campus welcomes comments and suggestions, and the design team regularly reviews them. Submitting comments and suggestions is completely voluntary. Hippo Campus does not provide any compensation or acknowledgement for them, but suggestions are valued as important feedback. Please do not ever send anything that may infringe upon someone else's rights or violate any confidences. Hippo Campus does not want any such information and assumes no responsibility for it.
You agree to indemnify, hold harmless, and defend Hippo Campus (and each of its affiliated companies, employees, officers, and directors) from and against any claims and expenses, including attorneys fees, arising out of use of the App.
The privacy and security of account data is of the utmost importance. If Hippo Campus is served with a legal request to produce or disclose any account data (such as through subpoena or court order) Hippo Campus will first provide you with notice of the disclosure request to provide you with the opportunity to promptly intervene, unless specifically prohibited from doing so by law. Hippo Campus reserves the right to take any action necessary to comply with law, to protect Hippo Campus's rights, or to protect the rights of other users.
It is Hippo Campus' policy to respond to claims of intellectual property infringement. Hippo Campus will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to Hippo Campus’s designated agent. Below is the information for the designated agent for the App:
The Outsourced Associate, LLC
Attn: Josh Andrews
PO Box 381722
Birmingham, Alabama 35238
Phone: 205.533.7810
Fax: 877.681.3284
Email: jandrews@outsourcedassociate.com
Any written communication under this section should include the following:
Hippo Campus makes the following commitments in compliance with the GDPR. For the purposes of this section, certain capitalized terms shall have the same meaning as set forth in the GDPR.
Hippo Campus shall not engage another natural person, affiliate, contractor or Subprocessor for the purpose of processing or controlling Your Personal Data without Your authorization. Any processing or controlling of personal data by Hippo Campus shall be governed by these Terms and Conditions and the GDPR. Hippo Campus shall disclose the subject-matter and duration and purpose of any processing or controlling of Personal Data upon request by You.
Hippo Campus shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. In assessing the appropriate level of security, account shall be taken of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed.
Hippo Campus shall take steps to ensure that any natural person, affiliate, contractor or Subprocessor acting under the authority of Hippo Campus who has access to Your Personal Data does not process such data except on instructions from You, unless he or she is required to do so by Applicable Law. Hippo Campus shall notify You without undue delay after becoming aware of a Personal Data breach as required by Article 33(2) of the GDPR.
Where applicable, this agreement is subject to the provisions as set forth in the European Union General Data Protection Regulation 2016/679 ("GDPR").
This agreement shall be interpreted and construed in accordance with the laws of the state of Alabama. Any dispute arising out of, or relating to, this agreement that has not been resolved after a reasonable attempt by the parties (which attempt shall include at least one (1) in-person meeting or video conference between principals of each party with full authority to resolve the dispute), and which does not directly relate to the: (a) enforcement of intellectual property rights; (b) claim for injunctive relief; or (c) collection on unpaid accounts shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall be conducted in Jefferson County, Alabama, unless otherwise mutually agreed. Any action outside of the scope of arbitration shall be brought exclusively in courts situated in Jefferson County, Alabama, and you consent to the exclusive jurisdiction of such courts. The parties agree that the prevailing party in any litigation or arbitration shall be entitled to recover reasonable legal fees, costs and disbursements from the non-prevailing party. In the event any provision of this agreement is held illegal, void or ineffective, the remaining portions will remain in full force and effect. This agreement shall not be construed to create any third-party beneficiaries. Hippo Campus may modify this agreement from time to time and such modification shall be automatically effective upon posting in the App or on the company website at www.hippocampusgames.com. Continued use of the App after the posting of a revised agreement constitutes your acceptance of the revised agreement. This agreement along with any referenced agreements constitute the entire agreement between the parties regarding the subject matter of this agreement and supersedes all prior and contemporaneous undertakings and agreements, whether written or oral.
Hippo Campus will notify User without undue delay after becoming aware of a personal data breach. Such notification will include information required under GDPR to the extent the information is reasonably available to Hippo Campus.
The arbitration provision above does not apply to collection claims for unpaid amounts owed by you. Such claims may be submitted to an appropriate Court in Jefferson County Alabama for litigation.
The App is controlled, operated, and administered by Hippo Campus from its offices within the United States of America. Data used in connection with the App, and the App itself, is hosted on servers physically located in the United States. Hippo Campus makes no representation that the App is appropriate or available for use at other locations outside the United States. If you access the App from a location outside the United States you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. You agree that use of The App is subject to the United States Export Administration Laws and Regulations.
Effective date: this policy was last updated by Hippo Campus's General Counsel on May 24, 2018.
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