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Hoops App End User License Agreement

V1.0.01 4-15-21

This End User License Agreement (“Agreement”) is between you and Hoops and governs use of this app made available through the Apple App Store. By installing the Hoops App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Hoops App.

In order to ensure Hoops provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the "Report as offensive" feature found under each post.

1. Parties: This Agreement is between you and Hoops only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Hoops, not Apple, is solely responsible for the Hoops App and its content.

2. Privacy: Hoops may collect and use information about your usage of the Hoops App, including certain types of information from and about your device. Hoops may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Hoops App. Please see our detailed Privacy Policy at https://www.hoopsapp.com/privacy

3. Limited License: Hoops grants you a limited, non-exclusive, non-transferable, revocable license to use theHoops App for your personal, non-commercial purposes. You may only use the Hoops App on Apple devices that you own or control and as permitted by the App Store Terms of Service.

4. Age Restrictions: You must be at least 13 years old to use the Services and represent and warrant to us that: you are either (a) at least 18 years old; or (b) at least 13 years old and a parent or legal guardian who is at least 18 years old has authorized your use of the Services.

5. Objectionable Content Policy: Content may not be submitted to Hoops, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.

6. Warranty: Hoops disclaims all warranties about the Hoops App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Hoops, not Apple, shall be solely responsible for such warranty.

7. Maintenance and Support: Hoops does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law. Hoops, not Apple, shall be obligated to furnish any such maintenance or support.

8. Location & Other Restrictions: You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If this applies to your situation, you are not entitled to use the Hoops App.

9. Product Claims: Hoops, not Apple, is responsible for addressing any claims by you relating to the Hoops App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Hoops App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.

10. Third Party Intellectual Property Claims: Hoops shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Hoops App. To the extent Hoops is required to provide indemnification by applicable law, Hoops, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Hoops App or your use of it infringes any third party intellectual property right.

11. Contact: All questions about the Hoops App can be directed to support@hoopsapp.com. Hoops is developed and maintained by Pillar Vision, Inc. dba Noah Basketball, 26958 US Highway 72, Athens, AL 35613.