Last updated: August 2024
Welcome to HookShort (the “Platform”), which is provided by FLUFFY
CREATION LIMITED or one of its affiliates (“HookShort”, “we” or
“us”).
You are reading the Terms of Service (the “Terms”), which govern
the relationship and serve as an agreement between you and us and
set forth the terms and conditions by which you may access and use
the Platform and our related websites, services, applications,
games, products and content (collectively, the “Services”). Our
Services are provided for private, non-commercial use. For
purposes of these Terms, “you” and “your” means you as the user of
the Services.
The Terms form a legally binding agreement between you and us. If
you do not agree to be bound by all of these Terms, do not access
or use the Platform or our Services. Please take the time to read
these Terms carefully.
By accessing or using our Services, you confirm that you are
forming a binding contract with HookShort, that you accept these
Terms and that you agree to comply with them and to be bound by
them. Your access to and use of our Services is also subject to
our Community Guidelines, the terms of which can be found directly
on the Platform, or where the Platform is made available for
download, on your mobile device’s applicable app store, and are
incorporated herein by reference. By using the Services, you
consent to the terms of the Terms of Service.
If you access or use the Services from within a jurisdiction for
which there are separate supplemental terms, you also hereby agree
to the supplemental terms applicable to users in each jurisdiction
as outlined below, and in the event of a conflict between the
provisions that are relevant to your jurisdiction from which you
access or use the Services, and the rest of these Terms, the
relevant jurisdictions will supersede and control. If you do not
agree to these Terms, you must not access or use our Services.
If you are accessing or using the Services on behalf of a business
or entity, then (a) “you” and “your” includes you and that
business or entity, (b) you represent and warrant that you are an
authorized representative of the business or entity with the
authority to bind the entity to these Terms, and that you agree to
these Terms on the entity’s behalf, and (c) your business or
entity is legally and financially responsible for your access or
use of the Services as well as for the access or use of your
account by others affiliated with your entity, including any
employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You
understand and agree that we will treat your access or use of the
Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your
records.
These Terms may refer to our Privacy Policy accessible at
privacy-policy ,which also applies to your use of the Services and Platform.
The Privacy Policy is not a part of this contractual agreement
between you and us, but you should read it to find out more about
how information which we may collect about you is used and stored.
We amend these Terms from time to time, for instance when we
update the functionality of our Services, when we combine multiple
apps or services operated by us or our affiliates into a single
combined service or app, or when there are regulatory changes. We
will use commercially reasonable efforts to generally notify all
users of any material changes to these Terms, such as through a
notice on our Platform, however, you should look at the Terms
regularly to check for such changes. We will also update the “Last
Updated” date at the top of these Terms, which reflect the
effective date of such Terms. Your continued access or use of the
Services after the date of the new Terms constitutes your
acceptance of the new Terms. If you do not agree to the new Terms,
you must stop accessing or using the Services.
To access or use some of our Services, you must create an account
with us. When you create this account, you must provide accurate
and up-to-date information. It is important that you maintain and
promptly update your details and any other information you provide
to us, to keep such information current and complete.
It is important that you keep your account password confidential
and that you do not disclose it to any third party. If you know or
suspect that any third party knows your password or has accessed
your account, you can reset your password by receiving password
recovery SMS via your registered phone number and promptly notify
us at hookshortservices@gmail.com.
You agree that you are solely responsible (to us and to others)
for the activity that occurs under your account.
We reserve the right to disable your user account at any time,
including if you have failed to comply with any of the provisions
of these Terms, or if activities occur on your account which, in
our sole discretion, would or might cause damage to or impair the
Services or infringe or violate any third party rights, or violate
any applicable laws or regulations.
If you no longer want to use our Services again, and would like
your account deleted, we can take care of this for you. Please
contact us via hookshortservices@gmail.com, and we will provide
you with further assistance and guide you through the process.
Once you choose to delete your account, you will not be able to
reactivate your account or retrieve any of the content or
information you have added.
Your access to and use of the Services is subject to these Terms
and all applicable laws and regulations. You may not:
● access or use the Services if you are not fully able and legally
competent to agree to these Terms;
● make unauthorised copies, modify, adapt, translate, reverse
engineer, disassemble, decompile or create any derivative works of
the Services or any content included therein, including any files,
tables or documentation (or any portion thereof) or determine or
attempt to determine any source code, algorithms, methods or
techniques embodied by the Services or any derivative works
thereof;
● distribute, license, transfer, or sell, in whole or in part, any
of the Services or any derivative works thereof;
● market, rent or lease the Services for a fee or charge, or use
the Services to advertise or perform any commercial solicitation;
● use the Services, without our express written consent, for any
commercial or unauthorized purpose, including communicating or
facilitating any commercial advertisement or solicitation or
spamming;
● interfere with or attempt to interfere with the proper working
of the Services, disrupt our website or any networks connected to
the Services, or bypass any measures we may use to prevent or
restrict access to the Services;
● incorporate the Services or any portion thereof into any other
program or product. In such case, we reserve the right to refuse
service, terminate accounts or limit access to the Services in our
sole discretion;
● use automated scripts to collect information from or otherwise
interact with the Services;
● impersonate any person or entity, or falsely state or otherwise
misrepresent you or your affiliation with any person or entity,
including giving the impression that any content you upload, post,
transmit, distribute or otherwise make available emanates from the
Services;
● use or attempt to use another’s account, service or system
without authorisation from HookShort, or create a false identity
on the Services;
● use the Services in a manner that may create a conflict of
interest or undermine the purposes of the Services, such as
trading reviews with other users or writing or soliciting fake
reviews;
● use the Services to upload, transmit, distribute, store or
otherwise make available in any way: files that contain viruses,
trojans, worms, logic bombs or other material that is malicious or
technologically harmful; any unsolicited or unauthorised
advertising, solicitations, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any other
prohibited form of solicitation; any private information of any
third party, including addresses, phone numbers, email addresses,
number and feature in the personal identity document (e.g.,
National Insurance numbers, passport numbers) or credit card
numbers; any material which does or may infringe any copyright,
trade mark or other intellectual property or privacy rights of
HookShort or any other person; any material which is defamatory of
any person, obscene, offensive, pornographic, hateful, libelous,
inflammatory or otherwise unlawful; any material that would
constitute, encourage or provide instructions for a criminal
offence, dangerous activities or self-harm or give rise to civil
liability; any material that is deliberately designed to provoke
or antagonise people, especially trolling and bullying, or is
intended to harass, harm, insult, hurt, scare, distress, embarrass
or upset people; any material that contains a threat of any kind,
including threats of physical violence; any material that is
racist, blasphemous or discriminatory, including discrimination on
the basis of someone’s race, religion, age, gender, disability or
sexuality; any material that is harmful or abusive to children;
any material that you do not have a right to transmit under any
law or under a contractual relationship; any answers, responses,
comments, opinions, analysis or recommendations that you are not
properly licensed or otherwise qualified to provide; or material
that, in the sole judgment of HookShort, is objectionable or which
restricts or inhibits any other person from using the Services, or
which may expose HookShort, the Services or its users to any harm
or liability of any type.
In addition to the above, your access to and use of the Services
must, at all times, be compliant with our Community Guidelines.
We reserve the right, at any time and without prior notice, to
remove or disable access to content at our discretion for any
reason or no reason. Some of the reasons we may remove or disable
access to content may include finding the content objectionable,
in violation of these Terms or our Community Guidelines, or
otherwise harmful to the Services or our users, or other contents
that violate local laws and regulations. HookShort just provides
the chat platform and cannot be expected to monitor all the
content all the time but will endeavor to take down offensive
content when notified. Our automated systems analyze your content
(including emails) to provide you personally relevant product
features, such as customized search results, tailored advertising,
and spam and malware detection. This analysis occurs as the
content is sent, received, and when it is stored.
We are the owner or the licensee of all intellectual property
rights in the Services and the Platform. Those works are protected
by intellectual property laws and treaties around the world,
including copyright rules. All such rights are reserved. All trade
marks, service marks and logos (the "Trade Marks")
displayed on the Platform or when we provide our Services are the
exclusive property of HookShort and our affiliates.
We respect intellectual property rights and ask you to do the
same. As a condition of your access to and use of the Services,
you agree not to use the Services to infringe on any of our
intellectual property rights, including the Trade Marks and
HookShort Content (as defined below), or intellectual property
rights of third parties. We reserve the right, with or without
notice, at any time and in our sole discretion to block access to
and/or terminate the accounts of any user who infringes or is
alleged to infringe any copyrights or other intellectual property
rights belonging to HookShort or a third party.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU
CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY
ALWAYS ENTITLED TO AS A CONSUMER. THE SERVICES ARE PROVIDED “AS
IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT
TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
● YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
● YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE
OR FREE FROM ERROR;
● ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE;
● AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED
TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR
CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE
EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY
CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR
ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT
ANY TIME WITHOUT NOTICE
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR
LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE
LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED
BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR
SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY
LOSS OF DATA SUFFERED BY YOU; (V) ANY INDIRECT OR CONSEQUENTIAL
LOSSES WHICH MAY BE INCURRED BY YOU; OR (VI) ANY LOSS OR DAMAGE
WHICH MAY BE INCURRED BY YOU AS A RESULT OF ● ANY CHANGES WHICH WE
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY
CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
● THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR
THROUGH YOUR USE OF THE SERVICES;
● YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
● OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE
AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND
PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL
OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS
OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS
REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A
DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY
OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER
REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE
LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR
ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR
DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW
INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM
REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR
NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR
USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF
YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR
SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH
ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES,
INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER,
COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH
THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND
CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
HookShort’S TOTAL AGGREGATE LIABILITY TO YOU FROM ALL CAUSES OF
LIABILITY RELATED TO THE SERVICES WILL BE LIMITED TO THE AMOUNT
PAID BY YOU TO HookShort WITHIN THE LAST 12 MONTHS.
The way we use your personal information is set out in the Privacy
Policy available at
https://www.HookShort.com/agreements/privacy-policy.html. We will
follow our Privacy Policy in relation to personal information
collected via our Services.
We do not guarantee that the Platform and our Services will be
secure or free from bugs, viruses, "Trojan Horses", or
any other type of malicious code, file or programme, although we
deploy reasonable security measures.
You are responsible for configuring your information technology,
computer programmes and platform to access our Services. You
should use your own virus protection software.
You must not misuse our Services and the Platform by knowingly
uploading any content that contains a software virus, a
"Trojan Horse" or any other computer code, file or
programme that may alter, damage or interrupt the functionality of
the Platform or the hardware or software of any person who
accesses the Platform and you must take reasonable precautions to
ensure that any such uploaded content is screened for such things.
You must not attempt to gain unauthorised access to the Platform,
the server on which the Platform is stored or any server, computer
or database connected to our Platform. You must not attack the
Platform via a denial-of-service attack or a distributed denial-of
service attack. By breaching this provision, you may commit a
criminal offence under the UAE Cybercrime Law No. 5 of 2012 and/or
under other laws. We will report any such breach to the relevant
law enforcement authorities and we will co-operate with those
authorities by disclosing your identity to them. In the event of
such a breach, your right to use the Platform and our Services
will cease immediately.
2. Applicable Law and Jurisdiction. Subject to the Supplemental
Terms – Jurisdiction Specific, these Terms, their subject matter
and their formation, are governed by the laws of Republic of
Singapore. Any dispute arising out of or in connection with these
Terms, including any question regarding existence, validity or
termination of these Terms, shall be referred to and finally
resolved by arbitration administered by the Singapore
International Arbitration Centre (“SIAC”) in accordance with the
Arbitration Rules of SIAC("SIAC Rules") for the time
being in force, which rules are deemed to be incorporated by
reference in this clause. The seat of the arbitration shall be
Hong Kong. The Tribunal shall consist of three (3) arbitrators.
The language of the arbitration shall be English.
3. Links. You may link to our home page, provided you do so in a
way that is fair and legal and does not damage our reputation or
take advantage of it. You must not establish a link in such a way
as to suggest any form of association, approval or endorsement on
our part where none exists. You must not establish a link to our
Services in any website that is not owned by you. The website in
which you are linking must comply in all respects with the content
standards set out at “Your Access to and Use of Our Services”
above. We reserve the right to withdraw linking permission without
notice.
4. Age Limit. The Services are only for people 13 years old and
over (with additional limits that may be set forth according to
applicable law). By using the Services, you confirm that you are
over the relevant age specified herein. If we learn that someone
under the relevant age specified above is using the Services, we
will terminate that user’s account.
5. No Waiver. Our failure to insist upon or enforce any provision
of these Terms shall not be construed as a waiver of any provision
or right.
6. Security. We do not guarantee that our Services will be secure
or free from bugs or viruses. You are responsible for configuring
your information technology, computer programmes and platform to
access our Services. You should use your own virus protection
software.
7. Severability. If any court of law, having jurisdiction to
decide on this matter, rules that any provision of these Terms is
invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms, and the remaining
provisions of the Terms will continue to be valid and enforceable.
8. Payments and Fees. Services may offer an opportunity to top-up,
subscribe, purchase and/or obtain virtual currency and/or virtual
items that may allow you to pay a specific fee in exchange of the
use of such virtual currency or virtual items strictly within our
Services. You agree and acknowledge that your purchase of virtual
currency and virtual items is final, and thus is not refundable,
exchangeable or transferable, except otherwise required by
applicable laws.
If you have any questions or concerns, please do not hesitate to
contact us via hookshortservices@gmail.com.