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    Hovr Terms of Use

    About Hovr Incorporated and Hovr’s Offering:

  • Hovr Incorporated (“Hovr”) is an ad-supported mobile content and social network that allows our users to download quality, fun mobile games and other mobile applications and content for free, and ability to connect, compete and interact with other users in a compelling social environment. Hovr believes that similar to other forms of media and entertainment, mobile content should be available for free to the users, supported by the advertisements, without compromising on the user experience. Hovr’s aim is to deliver relevant advertisements that may be of interest to its users.
  • Hovr does not charge users anything for mobile content such as mobile games and other applications it provides and distributes. We will never charge you anything directly or indirectly. We don’t have relationship with your phone company so we don’t get any money from them either. However, you phone company may charge you for using your phone, like they do with anything else. If you request that we SMS you a download link, your phone company may charge you for a standard text message based on the plan you have with your phone company.
  • To download and use Hovr content, you will need Internet / data connection on your phone, similar to if you want to download something on your computer from the Internet you will need Internet service. Different phone companies have different data plans for mobile Internet connections, including several companies offering unlimited mobile Internet connection. We recommend that you sign up for a data plan with your phone company.
  • When you download our content (including games), you use some airtime (or data), and your phone company may charge you for that, depending on your plan.
  • Lastly, these games will periodically connect to our servers, and that will use airtime as well.

    END USER LICENSE AGREEMENT FOR HOVR APPLICATIONS
  • Welcome to the Hovr Incorporated ("Hovr"), a mobile device application, web site, and any other end-user services owned or controlled by Hovr. Hovr offers customers, users, and others who use Hovr (collectively, the "Users") to download Hovr’s and/or third-party game software applications (the "Hovr Applications") to their mobile devices.
  • This End User License Agreement for the Hovr Applications ("EULA") is a legal agreement between you, either an individual or a single entity ("You"), and Hovr regarding your use of the Hovr Applications offered by Hovr, and any related online or electronic documentation ("Documentation") (the Hovr Applications and the Documentation collectively referred to herein as the "Hovr Applications").
  • YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING ANY HOVR APPLICATIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE HOVR APPLICATIONS AND/OR BY CLICKING THE "I ACCEPT" BUTTON (OR LINK) FROM YOUR MOBILE PHONE OR ON THE HOVR WEB SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
  • By choosing to input your mobile phone number below and to download any mobile game from Hovr, you expressly agree and consent to: (a) receive SMS communications from Hovr and (b) automatically receive advertisements from Hovr on your mobile device within the Hovr games you download, while you are playing Hovr Games.
  • IMPORTANT NOTICES: Normal carrier charges (WAP, GPRS, and SMS) and taxes may apply to text messages sent to you by Hovr, and to data transfers incurred when you download games from Hovr and when the advertisements (that allow Hovr to provide such games to you at no cost) are downloaded to your mobile device.
  • IF, AT ANYTIME, YOU DO NOT AGREE TO THE TERMS OF THIS EULA, THEN PLEASE DO NOT DOWNLOAD ANY HOVR APPLICATIONS AND/OR PLEASE TERMINATE THIS AGREEMENT IMMEDIATELY BY REMOVING ALL HOVR APPLICATIONS FROM YOUR MOBILE DEVICE.
  • The services hereunder are offered by Hovr Incorporated located at: 33 W 19th St, 3rd Fl, New York, NY 10011 and email: feedback@hovr.com.

    1. LICENSE GRANT; TERMINATION; CONSENTS; RESTRICTIONS.

    (a) License Grant. Hovr hereby grants to you a personal, limited, non-exclusive, non-transferable, revocable license to use a single copy of the object code version of the Hovr Application on a single mobile device primarily used by you.
    (b) Termination. This EULA is effective until terminated. You may terminate this Agreement at any time by uninstalling all Hovr Applications and destroying all copies of the Hovr Applications in your possession. Upon any termination, you agree to immediately uninstall the Hovr Applications and destroy all copies of all Hovr Applications, any accompanying documentation, and all other associated materials. Hovr reserves the right to terminate this EULA at any time if you are in breach of any of the terms of this EULA or the Terms of Use posted on the Hovr website.
    (c) Advertisements and Updates. You acknowledge that Hovr may automatically, electronically: (i) deliver advertisements to your mobile device, on a regular basis, within the games that you download from Hovr and (ii) from time to time issue upgraded versions of certain Hovr Applications and, accordingly, may upgrade the version of the Hovr Applications that you are using on your mobile device. You consent to such automatic delivery of advertisements and upgrading on your mobile device, and agree that the terms and conditions of this EULA (as amended from time to time by notices posted on the Hovr website) will apply to all such advertisements or upgraded applications.
    (d) License Restrictions. By downloading any Hovr Applications you agree not to:
    (i) modify, disassemble, decompile or reverse engineer the Hovr Applications, except to the extent that such restriction is expressly prohibited by law;
    (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Hovr Applications to any third party or use the Hovr Applications to provide time sharing or similar services for any third party;
    (iii) make any copies of the Hovr Applications;
    (iv) use the Hovr Applications or Hovr to infringe the copyrights or other intellectual property rights of others in any way;
    (v) use the Hovr Applications or Hovr, or attempt to penetrate, modify or manipulate the Hovr Applications or Hovr or any of the hardware or software thereof, in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any Hovr account holder or user, or to modify, erase or damage any information contained on the computer of any user connected to Hovr;
    (vi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Hovr Applications, features that prevent or restrict use or copying of any content accessible through the Hovr Applications, or features that enforce limitations on use of the Hovr Applications; or
    (vii) delete the copyright and other proprietary rights notices on the Hovr Applications.

    2. OWNERSHIP OF HOVR APPLICATIONS

    The Hovr Applications are the copyrighted proprietary material of Hovr and/or its third-party licensors. Your license under this EULA is not a sale of the Hovr Applications or any copy thereof and Hovr or its third-party licensors retain all right, title, and interest in the Hovr Applications (and any copies thereof). Hovr and its third-party licensors reserve all rights not expressly granted under this EULA.

    3. USE OF HOVR APPLICATIONS

    Hovr enables end users to access and use Hovr Applications. You agree that your use of Hovr will be governed by the terms and conditions of the Hovr Terms of Use and Privacy Policy posted on the Hovr website at www.hovr.com (as amended from time to time by notices posted on Hovr's website). You also agree to comply with all other notices, terms and conditions posted on the Hovr website.
    Hovr respects the prerogatives of copyright owners to control commercial uses of their material, and expects our users to do the same. You are responsible for complying with all federal and state laws applicable to the content available through the Hovr Applications and/or Hovr, including copyright laws.
    As a condition to the license to use the Hovr Applications and to your use of Hovr, you agree that you will not use the Hovr Applications or Hovr to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this EULA and would cause irreparable harm to Hovr and entitle Hovr to receive equitable relief. You agree that you will indemnify and defend Hovr against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that you have infringed the copyrights or intellectual property rights of others.

    4. HOVR MOBILE SPACE.

    (a) Hovr Does Not Screen Hovr Mobile Space Content. Hovr does not pre-screen content posted on the Hovr Mobile Space (“Mobile Space”), either online or mobile. Hovr may remove content pursuant to the procedures described in this EULA. Hovr does not and has not screened any content in Mobile Space.
    (b) Prohibited Conduct in Mobile Space.
    (i) You agree that you will not use Mobile Space to upload, email, transmit or post links to any content, that:
    - you do not have the legal rights to
    - violates or misappropriates any intellectual property rights, including copyright, trademark, trade secret, and patent rights
    - is illegal under applicable law or regulation or promotes illegal activity
    (ii) You agree not to use Mobile Space in a manner which is abusive or harassing to any other user.
    (iii) You agree not to collect or store personally identifying information about other users for commercial or unlawful purposes.
    (iv) You agree not to impersonate any person or entity, including, but not limited to, Hovr official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to employ misleading email addresses or mobile numbers or falsify information.
    (v) You agree not to engage in any activity which may compromise the stability or availability of the Hovr Application, Mobile Space and/or Hovr.
    (vi) You agree not to use the Hovr Application, Mobile Space and/or Hovr offering for any unsolicited advertising or promotions.

    5. DISCLAIMERS; NO WARRANTIES.

    HOVR, THE HOVR APPLICATIONS, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH HOVR OR THE HOVR APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOVR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
    HOVR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY HOVR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HOVR APPLICATIONS OR HOVR OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    HOVR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE HOVR APPLICATIONS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HOVR NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HOVR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    6. LIMITATIONS OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HOVR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE HOVR APPLICATIONS, THE MATERIALS ON HOVR, OR ANY OTHER INTERACTIONS WITH HOVR, EVEN IF HOVR OR A HOVR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOVR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    IN NO EVENT WILL HOVR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE HOVR APPLICATIONS OR HOVR, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER HOVR MEMBERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE HOVR APPLICATIONS OR HOVR DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
    THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN HOVR AND RECEIVED THROUGH OR ADVERTISED ON HOVR OR RECEIVED THROUGH ANY LINKS PROVIDED ON HOVR.

    7. BASIS OF THE BARGAIN

    The warranty disclaimer, exclusive remedies, and limitations on damages set forth above are fundamental elements of the basis of the agreement between you and Hovr. Hovr would not be able to provide the Hovr Applications or Hovr to you on an economically reasonable basis without these limitations. The above warranty disclaimer, exclusive remedies, and limitations on damages inure to the benefit of Hovr licensors.

    8. INDEMNIFICATION

    You agree to indemnify, save, and hold Hovr, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys' fees, arising out of your use or misuse of the Hovr Applications, Hovr, violation of this EULA, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Hovr reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hovr, and you agree to cooperate with Hovr's defense of these claims.

    9. GOVERNMENT END USERS

    If the Hovr Applications are being acquired on behalf of the United States Government, the following applies. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

    10. EXPORT CONTROL

    Hovr and the Hovr Applications originate in the United States, and are subject to United States export laws and regulations. The Hovr Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Hovr Applications may be subject to the import and export laws of other countries. You represent that you are entitled to favorable treatment under United States export laws and that you will not transfer or use the Hovr Applications in violation of United States or foreign laws. You agree to comply with all United States and foreign laws related to use of the Hovr Applications and Hovr.

    11. MISCELLANEOUS.

    (a) Notice. Except as explicitly stated otherwise, legal notices will be served on Hovr's national registered agent or to the email address you provide to Hovr during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Hovr. In such case, notice will be deemed given three days after the date of mailing.
    (b) Waiver. The failure of Hovr to exercise or enforce any right or provision of this EULA will not constitute a waiver of such right or provision. Any waiver of any provision of this EULA will be effective only if in writing and signed by Hovr.
    (c) Governing Law. This EULA will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
    (d) Jurisdiction. You agree that any action at law or in equity arising out of or relating to this EULA or Hovr will be filed only in the state or federal courts in and for New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
    (e) Severability. If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provisions.
    (f) Assignment. This EULA, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hovr without restriction.
    (g) Headings. The heading references herein are for convenience purposes only, do not constitute a part of this EULA, and will not be deemed to limit or affect any of the provisions hereof.
    (h) Entire Agreement. This is the entire agreement between you and Hovr relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to this EULA by Hovr.
    (i) Claims. YOU AND HOVR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE HOVR APPLICATIONS OR HOVR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    (j) Disclosures. The services hereunder are offered by Hovr Incorporated located at: 33 W 19th St, 3rd Fl, New York, NY 10011 and email: feedback@hovr.com.