Hoopla's Helpful House Rules

We're in This Together
HooplaDigital.com (the "Website"), the Services (all capitalized terms are defined below), and the Apps are maintained as a service to our customers. Your use of the Website and Apps is governed by these Terms and Conditions of Use (the "Terms"). Think of it as a shared understanding to keep the experience smooth and reliable for everyone. As Hoopla evolves, we may update these Terms, so please check the "Last Modified" date at the top from time to time.

Your Account & Requirements

• Age Requirements: In most cases, you must be 18 or older to manage an account.
• Keep It Private: Your account is personal. Please keep your password secure and do not share your login information.
• Accurate Information: Make sure your account details, including your email address, are accurate so we can communicate with you if needed.

Borrowing & Content Use

• Personal Use Only: Hoopla is intended for personal, non-commercial use only. Content should not be used for paid events or other commercial purposes.
• Enjoy, Don't Copy: You may stream and download content within the app, but you may not record, reproduce, or extract it outside of the platform.
• Lending Periods Apply: Downloads are temporary and will expire automatically at the end of the lending period.
• No AI Training: Our content is created by authors, artists, and studios. It may not be used to train or develop AI systems or models.

Respect the Creators
Hoopla provides licensed access to content; we do not sell it. Ownership remains with the rights holders. Please do not modify, distribute, or attempt to resell their work.

Your Voice Matters
We welcome reviews and feedback. Please keep contributions honest, respectful, and based on your own experience. Do not post misleading or incentivized reviews. By submitting feedback, you grant us permission to use it to improve and promote the service.

Resolving Disputes
If a disagreement arises, we will first attempt to resolve it directly with you for at least 30 days. Disputes that cannot be resolved informally will be resolved through individual arbitration in Ohio.

"As Is" Service
We work hard to provide a reliable experience, but no technology is perfect. Hoopla is provided “as is,” meaning we cannot guarantee uninterrupted or error-free service.

1. Welcome to Our Agreement

This document is a formal legal agreement between you and Midwest Tape, LLC (an Ohio company sometimes referred to as Hoopla, Hoopla Digital, and CVS Midwest Tape), along with our affiliates and subsidiaries. When we say “Hoopla,” “Hoopla Digital,” “we,” “us,” or “our” in these Terms, we’re referring to Midwest Tape, LLC, its affiliates and subsidiaries. When we say “you” or “user,” we’re talking about you!

By clicking the "I Agree" button, or by accessing and using the Website, Apps, or Content (collectively, the "Services"), you are confirming that you've read, understood, and agreed to be bound by these Terms, as we may update them from time to time. We want to be clear: if you don't agree with these rules, you shouldn't use the Services.

We may, in our sole discretion, update these Terms from time to time to reflect changes in our business or the law. Any changes are effective immediately once we post them, and your continued use of Hoopla means you accept those updates—even if you haven’t clicked "I Agree" again. You can always find the most current version at hoopladigital.com/terms.

⚠️ A Note on Disputes: We want to point out right away that these Terms include a Mandatory Arbitration provision. You understand that these Terms, where permitted by law, require the use of arbitration, on an individual basis (with the exception of the Batch Arbitration Procedures described below), to resolve disputes, rather than jury trials or class actions. These Terms limit the remedies available to you in the event of a dispute, to the maximum extent permitted by law. Full details are listed below, including in Section 15 of these Terms.

2. Your Privacy and Our Other Policies

Your privacy is incredibly important to us. When you use Hoopla, you aren't just agreeing to these Terms; you are also subject to our Privacy Policy and all other posted guidelines, such as our Cookie Notice. Think of these as a set of companion guides that work together with this agreement to protect both you and our community. All these policies are "incorporated by reference," which is a fancy legal way of saying they are officially part of this contract.

3. Ownership: Who Owns What?

It's important to understand that the Services, which includes all the streaming and downloadable movies, music, and eBooks (the "Content"), our applications (the "Apps"), and the underlying code ("Software"), contain proprietary and confidential information. This material is owned by Hoopla Digital or the talented creators who license their work to us, and it is protected by intellectual property laws.

Aside from the limited permission we give you to view or listen to Content, no rights, title, or ownership of the Services are transferred to you. You also agree that information presented to you through ads or the Services may be protected by copyrights or trademarks. To keep things fair for our creators, you agree not to modify, rent, lease, sell, or distribute any part of the Services, nor will you create derivative works based on them.

Our Policy on Artificial Intelligence (AI): We strictly prohibit the use of any of our Content with artificial intelligence or machine intelligence technology or service ("AI"). You agree that you will not use the Content (or any part of it) with any AI without a license from the applicable rights holders. This includes using the Content to train, develop, or improve any AI system or model, and using any AI or AI-powered system or tool to copy, extract, analyze, modify, transform, or create new or derivative works from Content, whether the AI system is public, private, commercial, or personal.

4. Who Can Use Hoopla?

To register for an account or use our Services, you must generally be at least 18 years old (or the age of majority where you live) so that you can legally enter into a binding contract. If you are under that age, you are welcome to use Hoopla, but only with the express consent and involvement of a parent or legal guardian.

By using the Website or Apps, you are representing and warranting to us that:

• You have the legal authority and capacity to enter into this agreement.
• All the information you provide us is truthful and accurate.
• If you live in the U.S.: You are at least 13 years old.
• If you live outside the U.S.: You have reached the age of majority in your specific country.
• Your use of Hoopla doesn't violate any local laws or regulations.

5. License and How to Use the Service Appropriately

If you have an active User Account, you are an "Authorized User." We grant you a limited, revocable, and non-exclusive license to use the Website and Apps for your personal and non-commercial use only. If our Service requires specific Software to run, we grant you a limited, non-transferable license to use that Software exactly as we provide it. Nothing in these Terms constitutes a sale of Hoopla Digital property, and all rights in such property are reserved.

The "Ground Rules":

• No Commercial Use: You cannot use Hoopla for any commercial purpose without our express written permission.
• Don't Mess with the Tech: You agree not to tamper with, disable, or bypass any security or digital rights management (DRM) protections. You also agree not to block any automated updates or patches we send out to keep the app secure.
• Streaming vs. Downloading: Streaming Content is for on-demand enjoyment; capturing, "ripping," or screen-recording streams is strictly prohibited. For downloadable Content, you have permission to access the file only for the designated lending period.
• When the License Ends: This permission ends at the close of the lending period, when you return the title, or if you break these rules. At that point, you must stop using the Content, and we may remotely disable access to it.

If you choose to register, you agree to: (a) supply the information requested in the registration process; (b) ensure that all the information you supply to us is accurate; and (c) update your personal information when necessary.

6. Your User Account and Security

To dive into our Content, you'll need to create a User Account. You agree to provide accurate, complete information and to update it if things change. While we use reasonable precautions to keep our platform secure, you are ultimately the person responsible for keeping your password and account details private. Your account is for you alone—please don't let others use it. If you suspect someone has accessed your account without permission, please let us know immediately.

7. Closing or Terminating an Account

You can close your account at any time by emailing privacy@hoopladigital.com or by writing to Hoopla Digital, 1417 Timberwolf Drive, Holland, OH 43528. Please remember that closing your account doesn't cancel any legal obligations (like respecting copyrights) that started while you were a user.

Hoopla Digital also reserves the right to terminate your account at any time, without notice, for any reason or for no reason. This could happen, for example, if we believe your registration information is false, if your conduct is harmful to other users or our business, if you are no longer a member or patron of a participating library, or if the library associated with your account no longer offers the Services to its members or patrons.

8. Ratings and Your Feedback

We love knowing what you think of a book or movie! When you submit a rating, it should be an honest reflection of your personal experience. You agree not to submit ratings that are misleading, defamatory, that violate the rights of third parties, or are provided in exchange for gifts or payment. You also agree not to engage in "rating manipulation" to boost or lower a title's ranking unfairly.

While you retain the rights to your ratings, you grant Hoopla Digital a worldwide, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, publicly display, create derivative works from (e.g., normalizing or aggregating scores), and otherwise exploit your ratings in connection with the Services or any of Hoopla Digital's business operations or our license obligations. Hoopla Digital may, but is not obligated to, review, filter, remove, edit, aggregate, or otherwise modify or delete any ratings.

We can also use any suggestions or ideas you send us ("Feedback") for any business or commercial purposes, such as to improve the Service, without needing to compensate you.

9. Talking to Us: Electronic Communications

When you use our Apps or send us emails, you are communicating with us electronically. By doing so, you consent to receive communications from us in return—like newsletters, promotions, and important updates. You further agree that all terms (including these Terms), notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing. You also agree that by registering with Hoopla Digital, you consent to receive newsletters, emails, promotions, and other advertisements from Hoopla Digital or its partners.

You may opt out of receiving promotional newsletters from Hoopla Digital by doing one of the following:

• Email your request to opt out to privacy@hoopladigital.com.
• Follow the opt-out or "unsubscribe" instructions in our promotional content.

Safety Tip: We will NEVER email you asking for your password or sensitive bank information. If you get a suspicious email claiming to be from us, do not reply. Instead, forward it to privacy@hoopladigital.com or call us so we can investigate.

10. Our Trademarks and Brand

Midwest Tape®, Hoopla®, SoundSafe®, The Straight Download™, Bonus Borrows®, and Hoopla Digital® and other Website graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Hoopla Digital. You may not use them in any way that might confuse customers or disparage or discredit us.

All other trademarks not owned by Hoopla Digital that appear on the Website or in the App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hoopla Digital. References on the Website or in the App to the trademarks, service marks, trade names, products, company names, or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services or a recommendation of the Services by that third party.

Hoopla Digital expressly prohibits any use of its trademarks, trade names, or brand names in metatags, keywords, and/or hidden text online. The use of Hoopla Digital trademarks, trade names, or brand names in metatags, keywords, or hidden text constitutes trademark infringement. Additionally, using any of these to gain higher rankings in search engines constitutes unfair competition.

Hoopla Digital licenses any Content we do not own from their respective owners for use through the Services. Copyrights to any such Content are held by their respective owners, the violation of which constitutes a material violation of these Terms.

You agree to comply with all applicable laws regarding your use of or access to the Website, Apps, Services, or Content. If you are outside the United States, you agree to comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country of residence.

11. Third-Party Sites and Links

Sometimes our Services will link to websites we don't own or control. We provide these purely for your convenience. Because we don't control those Third-Party Sites, we aren't responsible for their content, products, or privacy practices. We recommend checking their policies before you share any personal information. Framing or "in-line linking" to our Services without our written permission is also prohibited.

Hoopla Digital makes no guarantees about the content or quality of the products or services provided by such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the Third-Party Site.

You acknowledge that you bear all risks associated with access to and use of content provided on a Third-Party Site and agree that Hoopla Digital is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any Third-Party Site. You should contact the website administrator for the applicable Third-Party Site if you have any concerns regarding the contents of any such Third-Party Site.

12. Indemnification

You agree to indemnify and hold Hoopla Digital, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms or any other applicable policies, rules, or regulations by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties against all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by any third parties arising out of your use of the Website, Apps, or Services.

13. Our Disclaimers

EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED HEREIN, YOU HEREBY ACKNOWLEDGE AND AGREE THAT HOOPLA DIGITAL HAS NOT MADE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE WEBSITE, APPS, SERVICES, HOOPLA DIGITAL PROPERTY, INFORMATION PROVIDED, OR THE INFORMATION, CONTENT, OR SERVICES OFFERED THROUGH THIS WEBSITE OR THE APPS. THE WEBSITE, APPS, SERVICES, HOOPLA DIGITAL PROPERTY, AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HOOPLA DIGITAL DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES REGARDING COMPLETENESS, SECURITY, ACCURACY, RELIABILITY, SUITABILITY, OR AVAILABILITY WITH RESPECT TO THE WEBSITE, APPS, SERVICES, HOOPLA DIGITAL PROPERTY, INFORMATION PROVIDED, OR THE INFORMATION, CONTENT, OR SERVICES OFFERED ON THE WEBSITE OR APPS FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, HOOPLA DIGITAL HEREBY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND THAT THE CONTENT, SERVICES, OR INFORMATION WILL MEET YOUR REQUIREMENTS, OR OF THE QUALITY OF ANY CONTENT, SERVICES, OR INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.

HOOPLA DIGITAL MAY MAKE CHANGES TO THE CONTENT AND SERVICES AVAILABLE ON THE WEBSITE AND APPS AT ANY TIME WITHOUT NOTICE. THE HOOPLA DIGITAL PROPERTY, CONTENT, OR SERVICES ON THIS WEBSITE OR THE APPS MAY BE OUT OF DATE, AND HOOPLA DIGITAL MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

HOOPLA DIGITAL MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, APPS, OR SERVICES OR ANY INFORMATION OFFERED THROUGH THE WEBSITE OR APPS IS OR WILL BE (A) ERROR-FREE OR UNINTERRUPTED, (B) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (C) APPLICABLE AND APPROPRIATE FOR USE OR ACCESS IN YOUR LOCATION OR IN LOCATIONS OUTSIDE THE UNITED STATES.

SOME STATES, PROVINCES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND DISCLAIMERS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

RATINGS CONNECTED TO ANY CONTENT MAY COMPRISE THE OPINIONS OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, OTHER AUTHORIZED USERS AND MAY NOT REFLECT THE VIEWS OF HOOPLA DIGITAL, ITS AFFILIATES, OR ITS LICENSORS. NEITHER HOOPLA DIGITAL NOR ITS LICENSORS WARRANTS THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RATINGS, AND HOOPLA DIGITAL IS NOT RESPONSIBLE FOR ANY DECISIONS MADE IN RELIANCE THEREON.

14. Limitation of Liability and Legal Deadlines

UNDER NO CIRCUMSTANCES WILL HOOPLA DIGITAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL (INCLUDING LOSS OF BUSINESS, LOST PROFITS, OR THE LIKE), SPECIAL, EXEMPLARY, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, APPS, OR SERVICES, YOUR USE THEREOF, OR THE CONTENT, OR ANY CLAIM ATTRIBUTABLE TO OR OTHERWISE RELATED TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, APPS, OR ANY PRODUCT OR SERVICE LINKED TO, FROM, OR ADVERTISED OR PROMOTED ON THE WEBSITE OR APPS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, APPS, SERVICES, AND/OR CONTENT CONTAINED OR REFERENCED THEREIN IS TO DISCONTINUE USE OF THE WEBSITE, APPS, AND SERVICES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE OR APPS, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS, OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE, OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE, APPS, OR SERVICES, AND THAT HOOPLA DIGITAL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, APPS, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HOOPLA DIGITAL, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100 FOR THE USE OF THE WEBSITE, APPS, OR SERVICES. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT.

YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, APPS, SERVICES, OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Section that directly conflict with such laws may not apply to you.

15. Governing Law; Venue; Dispute Resolution; Limitations

Governing Law; Venue

The Website, the Services, and the Apps are hosted within the United States, and can be accessed from the United States and from other countries around the world. Although each of these jurisdictions has laws that may differ from those of the United States, if you are located within or outside the United States, you agree that by accessing the Website, the Services, and the Apps, your use of the Website, the Services, and the Apps will be governed by and interpreted pursuant to the laws of the United States of America and the State of Ohio, notwithstanding any principles of conflicts of law.

Additionally, by accessing the Website, the Services, and the Apps, you agree to submit to the jurisdiction of the State of Ohio and agree that Lucas County, Ohio shall serve as the exclusive venue for any disputes relating to the Website, the Services, and the Apps.

With respect to the arbitration provisions below, you understand that Hoopla Digital operates a software- and content-based platform hosted throughout the United States and accessible more broadly. As such, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern the interpretation and enforcement of this Arbitration Agreement. If a court deems the FAA does not apply, then the applicable state arbitration law will apply.

Arbitration of Claims

You agree to resolve any claims relating to the Website, the Services, and/or the Apps (including claims that arose before the effective date of these Terms) through final and binding arbitration before a single arbitrator in Lucas County, Ohio, USA. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as well as the Mass Arbitration Supplementary Rules if the Batch Arbitration Procedures set forth below apply (together, the "AAA Rules"). Payment of all filing, professional, and/or administrative fees ("Arbitration Fees") will be governed by the AAA Rules and fee schedules, unless otherwise stated in this Section. Any in-person arbitration proceedings shall occur in Lucas County, Ohio, unless the arbitrator determines that another, mutually convenient arbitration forum is required by applicable law. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any disputes regarding which version of these Terms applies to a Dispute and/or the enforceability of the Batch Arbitration Procedures set forth below shall be resolved by a court of competent jurisdiction, not by the arbitrator.

Informal Dispute Resolution

Before filing an arbitration, you and Hoopla Digital will try in good faith to resolve any Dispute informally. To start this informal resolution process, you must send an individualized written notice ("Notice of Dispute") to privacy@hoopladigital.com or regular mail to Midwest Tape / Hoopla Designated Agent, 1417 Timberwolf Dr., Holland, OH 43528, containing: (1) your name, phone number, and the email address for your account, and (2) a description of the Dispute and how you'd like it resolved. Once a complete Notice of Dispute has been received, Hoopla Digital will investigate the claims. If either side requests a settlement conference during this period, then you and Hoopla Digital must cooperate to schedule that meeting by phone or videoconference. You and Hoopla Digital each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. An arbitration cannot be filed until the later of (i) 30 days, or (ii) after a timely requested settlement conference is completed, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

Mandatory Mediation

If the Dispute involves a claim, demand, or request for monetary relief greater than $10,000.00, exclusive of attorneys' fees and costs, and remains unresolved following negotiation, you agree to participate in non-binding mediation administered by AAA under its applicable mediation rules and procedures. Unless required by applicable law or as otherwise agreed in writing by the parties, the mediation will occur in Lucas County, Ohio, and will be completed within 60 days of the initial request for mediation. The parties will share the mediator's fees and expenses equally, and each will bear its own costs and attorneys' fees.

At no time before the resolution of the mediation set forth above shall either side initiate an arbitration or litigation related to these Terms except to pursue a provisional remedy that is authorized by law, the applicable AAA rules, or agreement of the parties. This limitation does not apply to actions taken by Hoopla Digital if you refuse to comply with this Section.

Arbitration Procedures

As in court, the arbitrator will apply governing law. Any counsel must comply with Federal Rule of Civil Procedure 11, and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also will enforce statutes of limitations and other time-based defenses, offers of judgment/compromise under Federal Rule of Civil Procedure 68, and fee-shifting rules in the same way as a court would.

The arbitrator will have the authority—and is encouraged to—grant motions to dismiss, motions for summary judgment, or other motions that result in final disposition of some or all claims without a hearing. To the extent binding legal precedent exists on an issue, the arbitrator shall follow such authority in rendering his/her decision on a dispositive motion. In resolving such motions, the arbitrator shall apply the standards that apply to such motions under the Federal Rules of Civil Procedure.

Batch Arbitration Procedures

To ensure efficient resolution, if within a 90-day period (or within any reasonable time period once it becomes clear that the same or coordinated counsel are filing arbitrations raising similar claims), 10 or more claimants submit written notices of Dispute or file arbitrations raising similar claims (i.e., claims that (a) arise from substantially similar facts, transactions, or occurrences; (b) raise one or more common questions of law; and (c) seek similar forms of relief) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (each, a “Batch”). AAA will group claimants into Batches based on the chronological order in which arbitration demands were filed. AAA shall provide written notice to all affected parties of the composition of each Batch within fourteen (14) days of Batch formation. AAA will thereafter administer the resolution of each Batchas a single consolidated arbitration with a single arbitrator appointed by AAA, one set of Arbitration Fees, and one hearing (if any) per Batch to be held by videoconference (or in a place decided by the arbitrator). AAA will administer all Batches concurrently, to the extent possible.

The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration. Any challenges to administrative determinations by AAA will be heard by a single process administrator.

If the Batch Arbitration section is deemed unenforceable by a court as to a particular claimant or Batch, such finding shall not affect the validity or enforceability of this provision as to any other claimants. The Disputes of any such affected claimants shall be severed as to that claimant or Batch, and those parties will arbitrate in individual proceedings. If a court of competent jurisdiction finds the Batch Arbitration provision invalid or unenforceable in general (i.e., not limited to specific claimants), then all claimants who would otherwise have been subject to Batch Arbitration agree to have their Disputes heard in the state or federal courts in Lucas County, Ohio.

Class and Representative Action Waiver.

To the fullest extent permitted by law, you agree that all proceedings related to any claims, regardless of venue or forum, shall be conducted only on an individual basis and not in a class, consolidated, collective, private attorney general, or representative action, except as provided in the Batch Arbitration Procedures section above. Relief for any claims may only be awarded in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s claim.

Injunctive Relief

Further, notwithstanding the provisions of this Section, you acknowledge that a breach of certain provisions of these Terms may cause Hoopla Digital irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that Hoopla Digital may seek an injunction, in any court with jurisdiction, to prevent you from taking any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and shall be in addition to any other relief to which Hoopla Digital may be entitled at law or in equity.

16. Compliance with Export Restrictions

You may not access, download, use, or export the Website, Apps, or Content in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required.

17. Copyrights and Copyright Agent.

If you believe your work has been copied by or used on this Website or on any Hoopla Digital Property in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated by this Website or Hoopla Digital, please provide a notice containing all the following information to our Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website, including complete URLs for any pages containing the material;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:

18. Severability

If any provision of these Terms is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. This provision applies to the individual provisions and clauses within Section 15, such that any severed provision shall only be removed to the extent required by law, leaving all remaining provisions and clauses intact and enforceable.

19. Waiver

The failure of Hoopla Digital to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Hoopla Digital must be in writing and signed by an authorized representative of Hoopla Digital.

20. Modifications and Termination of the Services, Website, or Apps

Hoopla Digital reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, Apps, or Services (or any part thereof) with or without notice. You agree that Hoopla Digital will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, Apps, or Services.

21. Relationship of the Parties

Nothing contained in these Terms or your use of the Website or Apps shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.

22. Entire Agreement

These Terms constitute the entire agreement between you and Hoopla Digital and govern your use of the Website and Apps, and supersede all prior or contemporaneous understandings, agreements, communications and proposals, whether electronic, oral, or written, between you and Hoopla Digital with respect to the Website, Apps, Services, and/or your use of or access to the Content. Notwithstanding the foregoing, you may also be subject to additional terms, posted policies (including but not limited to the Privacy Policy), or rules that may apply when you use the Website or Apps, including all terms and policies listed herein.

23. Accessibility

We endeavor to design our Website, Apps, and Services to be accessible to a broad range of users, including by seeking to align, where practicable, with generally recognized accessibility standards such as WCAG 2.2 AA.

We welcome your feedback on the accessibility of the Website and Apps. If you have any questions or experience any difficulties accessing the Services, please contact us via the contact information in Section 25, below.

24. Assignment

Hoopla Digital may assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice. Subject to the preceding sentence, these Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

Except as provided herein (including in the foregoing paragraph), no assignment, transfer, or delegation of any rights or obligations under these Terms shall be made without the prior written consent of the parties. Any attempted assignment or transfer in violation of this Section 23 is void.

25. Contact Information