Terms Of Service

These Terms of Service, "Terms" or "Agreement") are between Hobantay Inc.("Hobantay," "we," "us," "our" ) and you, an individual user ("you," "your," "yours"), and govern your use of Hobantay owned mobile software application, websites, or extensions that have been made available for download (each, an "App," and together, the Apps) or on any Hobantay owned website and any related websites or other online properties owned or controlled by Hobantay (together with the Apps, the "Service").

1. INTRODUCTION AND OVERVIEW

These Terms constitute a legally binding contract between you and Hobantay.

By start using the Apps or the Service, you are agreeing to enter into a legally binding contract with Hobantay (even if you are using our Apps or Service on behalf of a company). The Agreement includes these Terms.

In order to provide the Service and the Terms, it is necessary for Hobantay to process information about you and other users. Processing of this information is crucial to the Service which we provide. Our Privacy Policy, explains how we collect, use, share, and store your personal information. If you do not agree to this Agreement or to the use of your personal information in accordance with our Privacy Policy, do not access or otherwise use any portion of the Service.

Read these Terms carefully. The Terms govern your use of the Service and include legal provisions that limit our liability, including an arbitration clause that requires individual arbitration for certain potential legal disputes, where permitted by law. By installing a HatsOffApp product or application or using any portions of the Service, you agree that you have read, understood, and agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SERVICE.

As detailed in the Sections below (and without limiting the express language of these Terms), you:

• acknowledge that you have read Hobantay’ Privacy Policy ("Privacy Policy"), which describes how we collect, use, and share your information.
• agree the Service is licensed to you, is not sold to you and you may use the Service only as set forth in these Terms.
• agree that by using the Service, you may be subject to separate third-party terms of service and fees, including but not limited to, your mobile network operator’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
• agree that to the greatest extent permitted by law, Hobantay provides the Apps to you on an "as is" basis without any warranties, and that Hobantay’ liability to you is limited.
• agree that where permitted by law, disputes arising between you and Hobantay will be resolved by binding individual arbitration. By accepting these Terms,you and Hobantay are each waiving the right to a trial by jury or to participate in a class action.
• agree to the "Notice Regarding Apple" in Section 27 below.
• agree that if you Post (defined below in Section 10.) any Objectionable Content (defined below in Section 10.) on the Service or otherwise violate these Terms , then Hobantay may,but is not obligated to, take any remedial action that Hobantay, in its sole discretion, deems appropriate, including but it not limited to, suspending or terminating your Account (defined below in Section 8), removing all of your User Content (defined below in Section 10.) from the Service, and/or reporting you to law enforcement authorities, either directly or indirectly.

2. ELIGIBILITY TO USE THE SERVICE

Our Service is intended for general audiences - No one under 13 is allowed to use the Service.

TO USE THE SERVICE, YOU MUST BE AT LEAST 13 YEARS OF AGE OR SUCH OLDER AGE AS PRESCRIBED BY THE LAW OF THE PLACE WHERE YOU LIVE. YOU MUST NOT USE THE SERVICE OR ACCESS IT IN ANY WAY IF YOU ARE UNDER 13 YEARS OF AGE, OR UNDER ANY HIGHER AGE OF CONSENT PRESCRIBED BY YOUR LOCAL LAW.

By accessing or using the Apps or the Service, you represent and warrant that (1) you are at least 13 years old if you reside in the United States, are at least 16 years old if you reside in the European Economic Area, or are such older age as prescribed by the law of the place where you live; (2) that you have a parent or legal guardian’s consent to this Agreement or are eligible to form a binding contract with Hobantay; (3) you will comply with these Terms; (4) your use of the Service does not violate applicable law; and (5) you have not been previously suspended or removed from the Service by Hobantay.

3. CHANGES TO THESE TERMS

We may change these Terms from time to time.

You may read the current, effective version of these Terms at any time at this location, or by clicking the Terms link on the Hobantay website.

Any revised Terms will become effective at the time of posting.

BY CONTINUING TO USE THE SERVICE AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.

4. CHANGES TO THE SERVICE

We are continually evolving our Service. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the Service at any time without prior notice. If we update the Service and you object to such change for any reason, your sole remedy is to stop using the Service.

5. PRIVACY

Your privacy is important to us. Please read our Privacy Policy to learn how we may collect and use your information. By using our Service, you acknowledge that Hobantay can collect, use, and share your information in accordance with our Privacy Policy.

6. COMMUNITY GUIDELINES

To keep our community safe, and enjoyable, your use of the Service is subject to general Internet Community Guidelines.

7. YOUR USE OF THE SERVICE

To access of the service and certain features or functionality, you must purchase subscription-based access to the Service.

In return for enjoying subscription-based access to the Service, you acknowledge and agree that Hobantay may generate revenues, increase goodwill, or otherwise increase the value of Hobantay from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any of your User Content (defined in Section 10.a below).

If you purchase one or more subscriptions to the Service, then the following terms apply:

• Auto-Renewal. YOU AGREE THAT, ONCE YOUR SUBSCRIPTION PERIOD EXPIRES, YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL IN LENGTH TO THE IMMEDIATELY PRECEDING SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION(S).
• Recurring Charges. YOU AUTHORIZE Hobantay’ APPLICABLE SERVICE PROVIDER TO PROCESS YOUR PAYMENTS FOR ANY RENEWAL SUBSCRIPTION(S). YOU WILL BE BILLED FOR THE SAME SUBSCRIPTION PLAN(S) (OR THE MOST SIMILAR SUBSCRIPTION PLAN(S), IF YOUR PRIOR PLAN(S) ARE NO LONGER AVAILABLE) AT THE THEN-CURRENT SUBSCRIPTION PRICE PLUS ANY APPLICABLE TAXES. YOUR PAYMENTS WILL BE PROCESSED FOR ANY RENEWAL SUBSCRIPTION(S) USING THE SAME BILLING CYCLE AS YOUR CURRENT SUBSCRIPTION(S). IN OTHER WORDS, ON WHICHEVER DAY YOUR PAYMENT IS PROCESSED FOR YOUR CURRENT SUBSCRIPTION(S), YOUR PAYMENT WILL CONTINUE TO BE PROCESSED ON THAT DAY FOR ANY RENEWAL SUBSCRIPTION(S). ADDITIONAL TERMS AND CONDITIONS MAY APPLY UPON RENEWAL, AND SUBSCRIPTION FEES MAY CHANGE AT ANY TIME, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. Hobantay MAY PARTNER WITH CERTAIN MOBILE CARRIERS TO OFFER YOU A SPECIAL DISCOUNT FOR THE SERVICE AND THE TERMS OF THE PAYMENT WILL BE SUBJECT TO SUCH OFFER.
• Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION(S) AT ANY TIME THROUGH APPLE ITUNES (THROUGH AN IOS-BASED DEVICE). Hobantay HAS NO OBLIGATION TO OFFER OR PROVIDE ANY REFUND FOR THE CANCELLATION OF ANY SUBSCRIPTION, BUT YOU CAN CONTINUE TO USE THE SUBSCRIPTION SERVICE UNTIL THE END OF THE SUBSCRIPTION PERIOD THAT YOU PAID FOR.

Hobantay IS LOCATED IN THE SEYCHELLES AND AS SUCH IS NOT SUBJECT TO DIRECTIVE 2011/83/EU. NOTWITHSTANDING THE FOREGOING, IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA, YOU ACKNOWLEDGE THAT THE SERVICE ENTAILS THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM. BY PURCHASING A SUBSCRIPTION YOU CONSENT TO Hobantay IMMEDIATELY STARTING THE PERFORMANCE OF THE SERVICE BY GRANTING YOU ACCESS TO YOUR ACCOUNT. YOU ACKNOWLEDGE THAT AS A RESULT YOU DO NOT ENJOY ANY RIGHT OF WITHDRAWAL UNDER DIRECTIVE 2011/83/EU.

8. YOUR ACCOUNT

1. Registration. While you may be able to browse any public-facing portions of the Service without registering with Hobantay, to enjoy the full benefits of the Service, you must download the Apps and register an account with Hobantay ("Account").
2. Account Security. You are fully responsible for all activities that occur through your Account, so you should keep it secure. You agree to notify Hobantay immediately at info@hobantay.com if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account. Hobantay will not be liable for any loss or damage arising from unauthorized use of your Account.
3. Accuracy of Information. When creating an Account, provide true, accurate, current, and complete information as Hobantay requests. Update such information promptly, and as necessary to keep it current and accurate. You represent to Hobantay that the information provided upon the creation of your Account is accurate and that any email address you provide is an email address controlled by you. Hobantay reserves the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by Hobantay in its sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in Hobantay’ sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Service, infringe or violate any third-party rights, damage Hobantay’ reputation, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Hobantay may terminate your Account immediately without notice to you and without any liability to you or any third party.

9. Hobantay CONTENT AND RIGHTS GRANTED TO YOU

1. License. Subject to your complete and ongoing compliance with these Terms, Hobantay grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the Service. Pursuant to this license, you may: (i) download, access, and use an object code version of the Apps on any device that you own or control; and (ii) access and use the Service, solely for your personal, non-commercial use.
2. Hobantay Content. Except for User Content (as defined in Section 10.a below), the content that Hobantay provides to Users on or through the Service, including, without limitation, any sound recordings (video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by Hobantay or its third-party licensors (collectively, "Hobantay Content"). Hobantay Content is exclusively for use as part of the Hobantay Service and may not be exported outside of the Hobantay Service, except as explicitly permitted in writing by Hobantay. Any attempt to circumvent this provision is a violation of these Terms. Hobantay also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
3. Hobantay Marks. The Hobantay trademarks, service marks, and logos (collectively, the " Hobantay Trademarks") used and displayed on the Service are Hobantay’ registered and/or unregistered trademarks or service marks. Any other product and service names located on any part of the Service may be trademarks or service marks owned by third parties (collectively with the Hobantay Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Hobantay or the applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without Hobantay’ prior express written consent. All goodwill generated from the use of any Hobantay Trademark will inure solely to Hobantay’ benefit.
4. Reservation of Rights. Hobantay hereby reserves all rights not expressly granted to you in this Section 9. Nothing in these Terms or on the Service will be construed as granting to you additional license rights in and to the Service or any Hobantay Content or Trademarks.

10. USER CONTENT AND RIGHTS YOU GRANT TO Hobantay

1. "User Content" means any content that you or other Users create, upload, post, or transmit to or through the Service (collectively, "Post") including, without limitation, photographs, text, sound recordings, musical works, or audiovisual works, and any other works subject to protection under the laws of the United States or any other jurisdiction, including, without limitation, patent, trademark, trade secret, and copyright laws. For the purpose of clarity, User Content excludes any and all Hobantay Content or User Content that is replaced or augmented by Hobantay. You may Post User Content and otherwise use and enjoy its various functionalities, subject to these Terms.
2. Ownership. SUBJECT TO ANY THIRD-PARTY RIGHTS IN ANY PREEXISTING CONTENT THAT IS A PART OF YOUR USER CONTENT AND SUBJECT TO THE LICENSE YOU GRANT TO Hobantay, YOU RETAIN OWNERSHIP OF ANY RIGHTS YOU MAY HAVE IN YOUR USER CONTENT, AND POSTING YOUR USER CONTENT DOES NOT TRANSFER OWNERSHIP OF YOUR RIGHTS.
3. License to Hobantay. You hereby grant Hobantay an unrestricted, assignable, sublicensable, royalty-free worldwide license to exploit and use ("Use") the User Content you Post by any means, for the purposes of: (i) advertising, marketing, and promoting Hobantay and the Service; (ii) displaying and sharing your User Content; and (iii) providing the Service as authorized by these Terms. You further grant Hobantay a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of your User Content. Any User Content Posted by you or otherwise transmitted to Hobantay will be considered non-confidential and non-proprietary, and treated as such by Hobantay, and may be used by Hobantay in accordance with these Terms without notice to you and without any liability to Hobantay. To the greatest extent permitted by law and subject to our Privacy Policy, the license granted in this Section is irrevocable. Your license to Hobantay grants us the right to reproduce, distribute, publicly display, publicly perform, make available, create derivative works from, and otherwise Use any or all of your User Content. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce video or sound recordings (and make mechanical reproductions of the works embodied in such sound recordings) and publicly perform and communicate sound recordings to the public, all on a royalty-free basis. This means that you are granting Hobantay the right to Use your User Content without the obligation to pay royalties to any third party. In consideration of the provision of the Service to you, you hereby unconditionally and irrevocably waive any moral rights in or to your User Content and all rights to object to derogatory treatment of the User Content which you may now or at any time in the future be entitled under European Union ("EU") law, the law of the constituent member states of the EU, and all rights of the same or similar effect or nature in any part of the world in favor of Hobantay, its assignees, licensees, designees and successors-in-title.
4. Enforcement Rights. As part of your license to Hobantay, you give Hobantay the right to enforce any copyrights you possess in your User Content against any third parties who copy, reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, or otherwise exploit and use, the User Content without Hobantay’ consent, including by using the Service or otherwise downloading your User Content off of the App or website.
5. You Must Have Rights to the Content You Post. By Posting User Content, you represent and warrant that you own or are fully authorized to grant the license set forth in these Terms in all elements of the User Content. You further represent and warrant that: (i) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any party; (ii) the Posting of your User Content will not require Hobantay to obtain any further licenses from or pay any royalties, fees, compensation or other amounts, or provide any attribution to any third parties; and (iii) the Posting of your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of User Content you Post.
6. Through-To-The-Audience Rights. All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on such External Sites via the Service.
7. Waiver of Rights to User Content. By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any similar rights in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in any User Content you Post.
8. Objectionable Content. You agree not to Post any User Content that could be interpreted in Hobantay’ sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, or vulgar, (ii) in violation of any applicable laws, (iii) putting other Users’ data privacy and security at risk; (iv) promoting any product, good or service; (v) promoting bigotry, discrimination, hatred, intolerance, or racism; or (vi) inciting violence (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. Hobantay in its sole discretion may take any actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly.
9. Screening Content. Hobantay does not pre-screen any User Content, but reserves the right to remove or delete any User Content in its sole discretion. In addition, Hobantay has the right—but not the obligation—in its sole discretion to remove or delete any User Content: (i) that Hobantay considers to violate these Terms or applicable law; (ii) that Hobantay considers to be Objectionable Content; or (iii) in response to complaints from other Users, licensors of any Hobantay Content, or rights holders related to the User Content, with or without notice and without any liability from Hobantay to you. Hobantay also has the right—but not the obligation—to take remedial action in connection with any Objectionable Content. Hobantay recommends that you save copies of any User Content that you Post on your personal device(s) to the extent you want to ensure permanent access to copies of such User Content.
10. User Content Posted by Others. Although Hobantay reserves the right to review or remove any User Content, we do not review all User Content, and we take no responsibility for the User Content that appears on the Service. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms and in our Community Guidelines, we have no tolerance for Objectionable Content, and we do not want our Service put to any improper use, but we cannot guarantee that all User Content will always conform to these Terms. If you encounter any Objectionable Content on the Service, please immediately email info@hobantay.com. Hobantay provides you with the ability to report Objectionable Content as a courtesy, and Hobantay has no obligation to remove or take any other action with respect to any Objectionable Content on the Service that you report to Hobantay.
11. No Liability. For the avoidance of doubt, Hobantay will not be liable for any use or misuse of User Content by any User.
12. Feedback. If you choose to provide Hobantay with input or suggestions regarding problems with or proposed modifications, enhancements or improvements to the Service ("Feedback"), including but not limited to any Feedback you provide if Hobantay invites you to participate in new product functionality testing, then you hereby grant to Hobantay a perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you

11. EXTERNAL SITES

• Although the Service may contain links to or the ability to share information with third-party websites ("External Sites"), Hobantay does not endorse any External Sites. Hobantay is also not responsible for the content of any External Sites and does not make any representations regarding the content on such External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of service and privacy policies, and your use of those External Sites will be governed by and subject to such terms of service and privacy policies. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on such External Sites or the terms governing your use of such External Sites.
• If you decide to access any External Sites, purchase any content from External Sites, or subscribe to services offered by such External Sites, then you do so at your own risk. You agree that Hobantay will have no liability to you arising from your use or interaction with any External Sites.

12. CONSENT TO COMMUNICATIONS

You have consented to receiving electronic communications from Hobantay, including emails, push notifications, and text messages. We provide more information about how we use your information in our Privacy Policy.

If you registered for any Hobantay Service using your telephone number or have updated your account information to provide your telephone number to us, you acknowledge and agree that we may send you notifications via text (SMS) messages at the telephone number associated with your account, until you notify us that you no longer wish to receive these messages. You acknowledge that you are not required to consent to receive promotional text messages as a condition of using the Service.

You may control whether you receive promotional email communications by following the unsubscribe options on such promotional emails and you may control whether you receive promotional text messages from Hobantay by replying STOP to any text message you receive. Please read our Privacy Policy to learn more about your choices regarding Hobantay use of your information.

THE FREQUENCY OF ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE) WILL VARY BASED ON THE KINDS OF NOTIFICATIONS YOU SIGN UP TO RECEIVE AND YOUR USE OF THE SERVICE. STANDARD TEXT MESSAGING RATES APPLY (INCLUDING WHERE APPLICABLE ROAMING CHARGES), SO PLEASE CONTACT YOUR MOBILE PHONE CARRIER FOR DETAILS AND FEES. YOU WILL BE RESPONSIBLE FOR ALL TEXT MESSAGING AND DATA PLAN FEES CHARGED BY YOUR MOBILE PHONE SERVICE.

If you've ever wondered how women's fertility and ovulation works, you can visit this great resource on ovulation and on trying to conceive a baby. An accurate ovulation calculator tool is also available on their homepage.

12. TERM AND TERMINATION

Term. This Agreement, which commences upon your use of the Service, will continue to apply to you until terminated by either you or Hobantay.

Termination.

i.You may terminate this Agreement at any time by sending written notification to Hobantay at info@hobantay.com, subject to your terminating all use of the service. If you wish to delete any of your User Content from the Service, you can ask Hobantay to do so by contacting info@hobantay.com and providing the necessary information requested by Hobantay.

Hobantay may terminate this Agreement at any time with or without notice to you. Hobantay also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Service at any time if you breach any provision of this Agreement or violate the rights of any third-party copyright owner.

Survival. Sections 2-4, 6-7, 8.b, 9.b, 9.c, 9.d 10-11, 13-22, 24-28, and all defined terms used therein, shall survive any termination of these Terms indefinitely.

13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

• Respect of Third-Party Rights. Hobantay respects the intellectual property of others and takes the protection of intellectual property very seriously. We ask you to do the same. Infringing activity will not be tolerated on or through the Service.
• Repeat Infringer Policy. We will (i) remove or disable access to material made available on or through the Service that Hobantay believes in good faith, upon notice from an intellectual property owner or his or her agent, to be infringing the intellectual property of a third party; and (ii) remove any User Content uploaded to the Service by "repeat infringers." Hobantay considers a "repeat infringer" to be any User that has Posted User Content and for whom Hobantay has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such User Content. Hobantay has discretion, however, to terminate the Account of any User after receipt of a single notification of claimed infringement or upon Hobantay’s own determination.
• Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing substantially the following information to Hobantay’s Designated Agent identified below:

i. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

ii. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

iii. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hobantay to locate the material;

iv. Information reasonably sufficient to permit Hobantay to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted;

v. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
• We may share the Notification of Claimed Infringement with the User alleged to have infringed a right you own or control, and you hereby consent to Hobantay making such disclosure.
• Designated Agent Contact Information. Hobantay’ Designated Agent can be contacted at: via E-mail: info@hobantay.com
• Counter Notification. If you receive a notification from Hobantay that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Hobantay with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Hobantay’s Designated Agent, and include substantially the following information:
• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The subscriber’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, then for any judicial district in which Hobantay may be found, and that the subscriber will accept service of process from the person who provided notification under Section 14.c above or an agent of such person.
• A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
• Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Hobantay in response to a Notification of Claimed Infringement, then Hobantay will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Hobantay will replace the removed User Content or cease disabling access to it in 10 business days, and Hobantay will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Hobantay’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on Hobantay’s system or network.
• False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Hobantay] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

14. 17 U.S.C. § 512(f).

Hobantay reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

15. MOBILE SERVICES

The Service will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Services"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices.

You are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may apply to your use of the Mobile Services, and how much your use of the Mobile Services will cost you.

16. WARRANTY DISCLAIMER

We make a significant effort to provide the best Service we are able to, but we make no promises, representation, warranties, or guarantees that the Service will operate as intended. Errors or other interruptions may cause the Service to not function as intended. By using the Service, you understand and accept this risk.

Hobantay provides services and platforms including but not limited to the Voxclone that are meant for Entertainment Purposes, and the audio files contained within Voxclone are Impressions meant solely for the purpose of parody and entertainment. Audio files are User-Generated, meaning, they are not necessarily created, endorsed, screened or promoted by the Voxclone Team or any Voxclone Employee. USE AT YOUR OWN RISK - Hobantay Inc. is not responsible for the actions of any individual or any accident that results while using or attempting to use Voxclone software. Voxclone is to be used for entertainment purposes only.

NEITHER Hobantay NOR ITS AFFILIATES (COLLECTIVELY, " Hobantay ") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. Hobantay WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE SERVICE, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.

Hobantay DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO Hobantay PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE GREATEST EXTENT PERMITTED BY LAW Hobantay DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

17. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW:

Hobantay, OUR LICENSORS, OUR LICENSEES, AND OUR SERVICE PROVIDERS (COLLECTIVELY, " Hobantay PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

Hobantay’ LIABILITY, AND THE LIABILITY OF ANY OTHER Hobantay PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF U.S. $10 OR THE TOTAL AMOUNT YOU HAVE PAID Hobantay FOR SUBSCRIPTION-BASED ACCESS TO THE SERVICE AS OF THE DATE OF THE APPLICABLE CLAIM.

ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICE, 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 THE Hobantay PARTIES 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.

18. GOVERNING LAW

This Agreement is governed by the substantive laws of the Seychelles without regard to its laws that would direct the choice of any other state’s laws.

If you are a consumer who lives in the EU, this Section 18 is without prejudice to any rights you may have under mandatory law which cannot be varied by contractual choice of law.

21. INDEMNITY

To the fullest extent permitted by law, you agree to defend, indemnify, and hold Hobantay harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (a) your breach of this Agreement; (b) your access to, use, or misuse of Hobantay Content or the Service; or (c) your User Content.

Hobantay will provide notice to you of any such claim, suit, or proceeding. Hobantay reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if Hobantay believes that you are unwilling or incapable of defending Hobantay’ interests. In such case, you agree to cooperate with any reasonable requests assisting Hobantay’ defense of such matter at your expense.

23. ADDITIONAL TERMS

From time to time, Hobantay may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Service or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, such Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

24. SEVERABILITY

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

25. LOCAL LAWS

Hobantay makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than the Seychelles. Those who choose to access or use the Service from locations outside the Seychelles, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the content or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.

26. NOTICE REGARDING APPLE

If you are using the Apps on an iOS-based device, you acknowledge that this Agreement is between you and Hobantay only, not with Apple, and Apple is not responsible for the Apps or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Apps. Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Apps. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement.

You hereby represent and warrant that: (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

27. GENERAL

• If Hobantay provides a translation of the English language version of this Agreement, then the translation is provided solely for convenience, and the English version will prevail.
• You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hobantay as a result of this Agreement or your use of the Service.
• Failure of Hobantay to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement.
• No waiver will be effective against Hobantay unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance.
• Except as expressly agreed by Hobantay and you, these Terms constitute the entire agreement between you and Hobantay with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.
• The Section headings herein are provided merely for convenience and will not be given any legal import.
• This Agreement will inure to the benefit of Hobantay’ successors and assigns.
• You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of Hobantay. Hobantay may assign this Agreement, including all its rights hereunder, without restriction.

28. CONTACT US

If you would like to contact Hobantay in connection with your use of the Service, you may reach out by email at info@hobantay.com.