References to "HOFr", "we", "us", or "our" in this Agreement are references to HOFr, Inc. and HOFr Payment Services.
The Terms and Conditions contained in this agreement (the “Agreement”) represent the legally binding agreement that governs your participation in the HOFr Ambassador Program (the "Program"). By clicking "I Agree to the Terms and Conditions", you are indicating your acceptance of this Agreement and all of its terms and conditions. References to "you" and "your" in this Agreement mean you, as the applicant to the Program.
The "HOFr Site" means the site that has its primary home page identified by the URL www.hofr.io and the HOFr mobile application available in the App Store and Google Play Store (the “HOFr App”).
"Your social media accounts" means the accounts that you listed in your Program application and on which you will promote HOFr and link to the HOFr Site.
The term of this Agreement (the "Term") will begin upon your acceptance of these Terms and Conditions and our acceptance of your Program application, and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your social media accounts all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
We may modify any of the Terms and Conditions contained in this Agreement, at any time and in our sole discretion. If we do so, we will post the changes on the HOFr Site page that is about the Program and will indicate at the top of this page the date the Terms and Conditions were last revised. You are responsible for regularly reviewing the Agreement. In the event we make material changes, we will notify you either through the HOFr Site, in an email notification or through other reasonable means. Your continued participation in the Program following our posting of a change notice or new agreement on the HOFr Site page about the Program will constitute binding acceptance of the change. If any modification is unacceptable to you, your only recourse is to terminate this Agreement.
To begin the enrollment process, you must submit a complete Program application via the HOFr Site and accept these Terms and Conditions. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may accept or reject your application in our sole discretion, including if we determine that your social media accounts are unsuitable for the Program. Unsuitable social media accounts include but are not limited to those that:
By participating in the Program you agree that you will not engage in any of the activities listed above, or any other illegal activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your social media accounts are thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement immediately and without any liability to you or any third party.
Pursuant to your participation in the Program, you acknowledge and agree you are not a contractor nor an employee of HOFr. You also acknowledge and agree that neither you nor anyone acting on your behalf shall participate in any benefits plans or programs provided by HOFr to its employees, including without limitation, health, dental, life or disability insurance, bonus plan, profit-sharing or retirement benefits, vacation or paid time off.
If and when you have been notified that you have been accepted into the Program, we will provide you with the appropriate official HOFr branded social media assets that you may use in your social media accounts.
Furthermore, you acknowledge and agree that you will:
Pursuant to this Agreement, you may from time to time receive non-monetary rewards from HOFr and such non-monetary rewards may include:
We shall not pay any fees or monetary compensation in connection with the Program.
We grant you a non-exclusive, revocable, limited right to use the Content solely for the purpose of identifying you as a Program participant. You may not modify the Content in any way without our prior written consent. We reserve all of our rights in the Content, our trade names and trademarks, and all other intellectual property rights owned or controlled by us. We may revoke the foregoing license at any time by giving you written notice.
All HOFr Ambassadors MUST be located in the U.S. and comply with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, and other federal and state consumer protection laws, regulations, and guidelines.
You must not (1) include content that is deceptive, misleading, untruthful, unsubstantiated, or otherwise fails to comply with applicable federal and state consumer protection laws, regulations, and guidelines in any of your promotion of the HOFr brand; (2) not use any images or videos that you do not own and were not provided by HOFr, and are forbidden from using any imagery that would imply any personal endorsement (celebrity or otherwise) without written consent from both the individuals making the endorsement and HOFr.
You expressly agree that your use of HOFr Site and the HOFr App and your participation in the Program is at your own risk. The HOFr Site, and the HOFr App and your participation in the Program are available on an "as is" basis, without warranty of any kind, express or implied. Neither HOFr nor any of its information providers, licensors, employees, agents, consultants or contractors, makes any warranty or representation whatsoever regarding the HOFr Site and the HOFr App, the Program, any information, services or products provided or available through or in connection with the HOFr Site and the HOFr App or any results obtained through the use thereof.
We hereby disclaim on behalf of ourselves and all our information providers any and all warranties including, without limitation: (1) any warranties as to the availability, accuracy or content of information, products or services; and (2) any warranties of title or warranties of merchantability or fitness for a particular purpose (to the extent permitted by law). Any liability of HOFr, its information providers, licensors, employees, agents, consultants, or contractors, including, without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, failure of delivery of merchandise, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or unlawful use of HOFr's records. To the fullest extent permitted by law, HOFr, its information providers, licensors, employees, agents, consultants or contractors, hereby exclude all liability for any indirect, special, incidental, or consequential damages or for any loss of revenue, profits or data (whether direct or indirect), arising out of the Program and/or out of the use or inability to use the HOFr Site, the HOFr App and/or any other HOFr product or service for any breach of warranty, even if we have been advised of the possibility of such damages.
You agree that you will not hold HOFr responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with the HOFr Site, the HOFr App and/or any other HOFr product or service, including, without limitation, those with whom HOFr contracts to operate various portions of the HOFr Site, the HOFr App and/or any other HOFr product and service and those to whom HOFr provides links to for content, promotion or any other type of data or information.
The information provided on the HOFr Site does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available on the HOFr Site are for general informational purposes only and may not constitute the most up-to-date legal or other information. Interested parties that wish to apply to the Program should seek legal advice with respect to any particular legal matter.
If you have any questions or concerns, or need assistance or tools for your promotions, you can contact our Community Manager at [email protected].
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