Terms of use

Terms of Service
Dated: 20 March 2020

Welcome to hoofpick.tv!
Thank you for using the hoofpick.tv platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).

Our Service
The Service allows you to discover, watch and share videos and other content, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original content creators and advertisers large and small. We provide lots of information about our products and how to use them in our Help Center. Amongst other things, you can find out about hoofpick.tv Kids, the hoofpick.tv Partner Program and hoofpick.tv Paid Memberships and Purchases. You can also read all about enjoying content on other devices like your television, your games console, or even Hoofpick Home.

Your Service Provider
The entity providing the Service in the European Economic Area, and Switzerland is Hoofpick Limited, a company incorporated and operating under the laws of England, (Registered Number: 12506791), located at Oporto Close, Burnley, UK (referred to as “hoofpick.tv”, “we”, “us”, or “our”). References to hoofpick.tv’s “Affiliates” in these terms means the other companies within the Hoofpick corporate group.

Applicable Terms
Your use of the Service is subject to these terms, the hoofpick.tv Community Guidelines and the Policy, Safety and Copyright Policies (together, the "Agreement"). Your Agreement with us will also include the Advertising on hoofpick.tv Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your Content.

Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

Who may use the Service?
Age Requirements
You may use the Service if you are at least 13 years old.

Children of all ages may use hoofpick.tv Kids (where available) if enabled by a parent or legal guardian.

Permission by Parent or Guardian
If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. You can find tools and resources to help you manage your family’s experience on hoofpick.tv in our Help Center and through Hoofpick’s Family Link.

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributed by our users and hoofpick.tv is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service. If you see any Content you believe does not comply with these terms, such as by violating the Community Guidelines or the law, you can report it to us.

Hoofpick Accounts and hoofpick.tv Channels
You can use parts of the Service, such as browsing and searching for Content, without having a Hoofpick account. However, you do need a Hoofpick account to use some features. With a Hoofpick account, you may be able to like videos, subscribe to channels, create your own hoofpick.tv channel, and more. You can follow these instructions to create a Hoofpick account.

Creating a hoofpick.tv channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists. Here are some details about how to create your own hoofpick.tv channel.

To protect your Hoofpick account, keep your password confidential. You should not reuse your Hoofpick account password on third-party applications. Learn more about keeping your Hoofpick account secure, including what to do if you learn of any unauthorised use of your password or Hoofpick account.

Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service. The hoofpick.tv Kids Privacy Notice provides additional information about our privacy practices that are specific to hoofpick.tv Kids.

We will process any audio or audiovisual content uploaded by you to the Service in accordance with the hoofpick.tv Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.

Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use. You may also show hoofpick.tv videos through the embeddable hoofpick.tv player.

The following restrictions apply to your use of the Service. You are not allowed to:

access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from hoofpick.tv and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;
access the Service using any automated means (such as robots, botnets or scrapers) except: (a) in the case of public search engines, in accordance with hoofpick.tv’s robots.txt file; (b) with hoofpick.tv’s prior written permission; or (c) as permitted by applicable law;
collect or use any information that might identify a person (for example, harvesting usernames), unless permitted by that person or allowed under section 3 above;
use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics;
misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
run contests on or through the Service that do not comply with hoofpick.tv’s contest policies and guidelines;
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or
use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on hoofpick.tv policies (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where hoofpick.tv videos are the only content of value).
Any right not expressly granted to you in this Agreement remains the right of hoofpick.tv or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

Changes to the Service
hoofpick.tv is constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements.

Your Content and Conduct
Uploading Content
If you have a hoofpick.tv channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant
You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to hoofpick.tv and other users of the Service, as described below.

Licence to hoofpick.tv
By providing Content to the Service, you grant to hoofpick.tv a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

Licence to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Duration of Licence
The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require hoofpick.tv to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

Removing Your Content
You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.

Removal of Content By hoofpick.tv
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to hoofpick.tv, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for hoofpick.tv or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, hoofpick.tv or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.

Copyright Protection
We provide information to help copyright holders manage their intellectual property online in our hoofpick.tv Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.

We respond to notices of alleged copyright infringement according to the process in our hoofpick.tv Copyright Center, where you can also find information about how to resolve a copyright strike. hoofpick.tv's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.

Account Suspension and Termination
Terminations by You
You may stop using the Service at any time. You can also delete the Service from your Hoofpick Account, which involves closing your hoofpick.tv channel and removing your data, with the option to download a copy of your data first.

Terminations and Suspensions by hoofpick.tv for Cause
hoofpick.tv may suspend or terminate your access, your Hoofpick account, or your Hoofpick account’s access to all or part of the Service if: (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, hoofpick.tv or our Affiliates.

Terminations by hoofpick.tv for Service Changes
hoofpick.tv may terminate your access, or your Hoofpick account’s access to all or part of the Service if hoofpick.tv reasonably believes that its provision of the Service to you is no longer commercially viable.

Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by hoofpick.tv unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for hoofpick.tv or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, hoofpick.tv or our Affiliates. Where hoofpick.tv is terminating your access for Service Changes, where reasonably possible, you will be provided with sufficient time to export your Content from the Service.

Effect of Account Suspension or Termination
If your Hoofpick account is terminated or your Hoofpick account’s access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe your Hoofpick account has been terminated in error, you can appeal using this form.

About Software in our Service
Downloadable Software
When the Service requires or includes downloadable software (such as the hoofpick.tv Studio application), you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a licence, hoofpick.tv gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by hoofpick.tv as part of the Service. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by hoofpick.tv, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have hoofpick.tv’s written permission.

Open Source
Some software used in our Service may be offered under an open source licence. There may be provisions in an open source licence that expressly override some of these terms. If so, we will make that open source licence available to you.

Other Legal Terms
We provide the Service with reasonable care and skill.

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, hoofpick.tv does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability
All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, hoofpick.tv and its Affiliates will not be responsible for:

losses that were not caused by hoofpick.tv or its Affiliates’ breach of this Agreement;
any loss or damage that was not, at the time that this Agreement was formed between you and hoofpick.tv, a reasonably foreseeable consequence of hoofpick.tv or its Affiliates breaching this Agreement; or
the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.
Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

hoofpick.tv and its Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not); and
hoofpick.tv and its Affiliates’ total liability for any claims arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that hoofpick.tv has paid to you from your use of the Service in the 12 months before the date of your notice, in writing to hoofpick.tv, of the claim and (b) £500, whichever is higher.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by hoofpick.tv. hoofpick.tv has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

About this Agreement
Modifying this Agreement
We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. hoofpick.tv will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should remove any Content you uploaded and discontinue your use of the Service.

Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

hoofpick.tv may transfer all or part of this Agreement to an Affiliate or, if hoofpick.tv is sold, to a third party.

No Waiver
If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law
If you live in the European Economic Area, or Switzerland, this Agreement, and your relationship with hoofpick.tv under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.

Effective as of 20 March 2020