TheHoodzTerms of Service

1. Who we are and these Terms

TheHoodz is operated by Matterhorn Labs Pty Ltd, ACN 695 278 927 (“TheHoodz”, “Matterhorn”, “we”, “us” or “our”). These Terms form a legally binding agreement between you and the relevant Matterhorn entity providing the Services to you.

If you use the Services on behalf of a company, label, management entity, crew, venue, promoter or other organization, you represent that you have authority to bind that entity and the word “you” includes both you and that entity.

Additional terms, rules or policies may apply to specific features, subscriptions, events, promotions, payments, virtual items, tickets, APIs or other tools. If feature-specific terms conflict with these Terms for a particular feature, the feature-specific terms control for that feature to the extent of the conflict.

2. Eligibility and account registration

You may use the Services only if you can form a binding contract with us and are not barred from using the Services under applicable law. If you are under the age of majority in your jurisdiction, you may use the Services only with the involvement of a parent, guardian or authorized adult who agrees to these Terms on your behalf where the law requires that.

When you create an account, you agree to provide accurate and current information, keep your credentials secure, update information when it changes, take responsibility for activity under your account and notify us promptly if you suspect unauthorized access, impersonation or a security issue.

We may refuse registration, require verification, reclaim usernames, impose limits or restrict features where reasonably necessary for security, age assurance, fraud prevention, abuse prevention, sanctions compliance, payment processing, rights enforcement or platform integrity.

3. The TheHoodz services

The Services may include, without limitation:

• territory claims, map features, area-code or postcode pages, rankings, battles, challenge flows, status titles and game systems;
• user profiles, creator pages, crew pages, uploads of battle videos, audio, voice recordings, captions, thumbnails, images, bios, links, comments, reactions and metadata;
• messaging, chat, feeds, follow systems, communities, moderation tools and social features;
• subscriptions, digital goods, paid boosts, tickets, events, podcasts, sponsorships, creator programs, merchandise, future marketplace tools and other monetization features;
• AI or automated tools for analysis, ranking, moderation, recommendation, generation, editing, tagging, detection or enhancement; and
• other products, APIs, integrations, experiments and features we make available from time to time.

We may modify, add, suspend or remove features at any time. Availability in one region or to one user group does not guarantee ongoing or universal availability.

4. User content, communications and battle submissions

“User Content” means any video, audio, image, text, message, caption, profile data, metadata, listing, stream, comment, submission, challenge response, battle entry, event content, file or other material you upload, post, send, generate or otherwise make available through the Services.

“Communications” means direct messages, chats, comments, reviews, reports, support tickets and other communications sent through or in relation to the Services.

“TheHoodz Content” means content we create, license, commission or publish as part of the Services, excluding User Content and third-party content.

You are solely responsible for your User Content and Communications, including legality, accuracy, permissions, releases, licenses, metadata, captions, rights clearances, conduct, safety and consequences. This includes making sure that anyone appearing in your videos, audio or images has consented where needed, and that your upload does not infringe copyright, trade mark, privacy, publicity, moral rights, confidentiality or any other rights.

We do not promise to pre-screen, review, verify or endorse all user content. We may do so, but we are not obligated to do so. Nothing on the platform should be treated as verified merely because it is hosted, displayed, ranked or visible.

5. Ownership and licenses you grant

As between you and us, you retain the copyright and other rights you own in your User Content. Uploading content to TheHoodz does not transfer ownership of your content to us.

To operate the Services, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, cache, copy, record, encode, transcode, adapt for technical formatting, translate, subtitle, caption, thumbnail, clip, excerpt, stream, display, perform, distribute, rank, index and otherwise use your User Content and related metadata as reasonably necessary to:

• operate, provide, secure, improve and maintain the Services;
• display your profile, uploads, battles, rankings, public activity and related creator material;
• enable previews, playback, public display, battle participation, discovery, sharing, moderation, reporting and other interactions allowed by the platform;
• market and promote the Services, TheHoodz creators, activity on the map and TheHoodz features through our properties, social channels, ads, emails, push notifications or other media; and
• investigate abuse, resolve disputes, preserve evidence, comply with law and protect the Services.

We may sublicense these rights only to the extent reasonably necessary for platform operation, including to hosting providers, CDNs, analytics vendors, moderators, support providers, payment processors, security vendors and other service providers.

To the extent permitted by law, you consent to acts or omissions in relation to your User Content that would otherwise infringe your moral rights where those acts or omissions are reasonably necessary to operate, market, secure or improve the Services.

You may remove content or close your account subject to these Terms and feature rules. Removal generally stops future public availability through our Services, but does not require deletion of backups, logs, archives, completed transactions, preserved evidence, lawful prior downloads or records kept for legal, fraud, moderation, compliance or dispute purposes.

6. Platform role, public content and user risk

TheHoodz is a platform that hosts, displays, transmits, ranks, recommends, promotes and moderates user content and user interactions. We are not the creator, speaker or rights holder of most user content and, to the maximum extent permitted by law, we are not responsible for user content, user statements, user promises, comments, battle submissions, captions, chat, videos, audio, metadata, links, public claims or user conduct.

By signing up, uploading, viewing, streaming, commenting, messaging or otherwise using the Services, you acknowledge and agree that:

• you may be exposed to content that is offensive, explicit, violent, defamatory, misleading, infringing, fraudulent, unsafe, manipulative, inaccurate or illegal;
• you use and rely on user content at your own risk;
• we do not guarantee the truth, safety, legality, quality, availability or performance of user content, users or outcomes; and
• to the maximum extent permitted by law, any loss, damage, injury or dispute arising from user content or user interactions is between the relevant users and not us.

We may host, cache, stream, clip, display, rank or recommend user content without accepting responsibility for that content. We may also remove or restrict any content at any time without taking on a duty to remove all similar content or to monitor every upload.

7. Rights granted to other users

Other users do not receive broad rights in your User Content unless those rights are expressly stated on the relevant page, purchase flow, feature rules or license. Unless expressly stated otherwise, users may only view, stream, access or interact with your User Content through the normal platform functionality we provide.

Unless expressly authorized by the rights holder or by a specific platform feature, users may not:

• re-upload, redistribute, republish, sell or repackage another user’s content;
• sample, clone, edit, remix, deepfake, synthesize, split or create derivative works for release;
• use another user’s content in ads, monetized videos, brand campaigns or commercial releases;
• train AI models, compile datasets or scrape content at scale;
• remove credits, metadata, notices or watermarking; or
• claim ownership, endorsement or affiliation that does not exist.

8. AI tools and automated features

We may provide or integrate AI and automated features for moderation, transcription, tagging, ranking, recommendation, generation, editing, enhancement, analysis, search, fraud detection, safety systems and related purposes.

As between you and us, and subject to any third-party tool terms and applicable law, you retain whatever rights you validly have in the inputs you provide and outputs generated for your account. Outputs you save, publish, upload or otherwise make available on TheHoodz are treated as User Content and are subject to these Terms.

You may not use the Services to create, upload or distribute content that infringes rights, impersonates someone, uses another person’s likeness or voice without authorization, is deceptive about being AI-generated where disclosure is legally required, or otherwise violates these Terms or law.

9. Game systems, rankings and virtual items

TheHoodz may use digital status systems such as territories, crowns, hoods, wins, losses, votes, StreetCred, loot, cash, badges, leaderboards, status tiers, streaks, digital rewards, virtual items and similar features. Unless we expressly state otherwise in writing, these are part of the product experience only.

Except where the law requires otherwise, digital status systems and virtual items:

• do not have independent cash value, stored-value status, redemption rights or property rights outside the Services;
• may be adjusted, rebalanced, reset, corrected, removed, expired or revoked due to bugs, fraud, policy breaches, seasonal changes, platform updates, chargebacks, abuse or business decisions; and
• do not create an entitlement to continued availability, ranking, matchmaking, visibility, territory ownership or payout.

10. Payments, subscriptions and cancellations

Payments made through the Services may also be subject to payment terms and the rules of the processor used. Prices, fees, commissions, taxes, billing intervals, credits, deductions and payout rules may be shown in the relevant flow, dashboard or feature rules.

Subscriptions automatically renew at the interval shown at sign-up unless canceled before renewal. You are responsible for managing your subscription through the billing flow, dashboard or payment-provider tools we make available. Closing an account or stopping platform use does not necessarily cancel recurring billing unless the cancellation step is completed.

Refund eligibility depends on the feature purchased, the stage of performance, applicable law, processor rules, category rules, abuse signals and our refund or payment policies. We may refuse refunds for completed, consumed, fully delivered, abused, fraudulent or policy-violating use, subject always to rights that cannot be excluded by law.

If a chargeback, reversal, dispute, fraud issue or processor claim occurs, we may investigate, provide evidence, hold funds, reverse credits, deduct future payouts, offset balances, suspend features or otherwise take reasonable action to protect the platform and affected users.

11. Events, podcasts and feature-specific services

Some parts of the Services may involve events, venues, showcases, podcasts, interviews, ticketing, sponsorships, editorial features, creator programs or external collaborations. Separate rules may apply to those features.

Where TheHoodz is not the organizer, promoter, seller or producer of record, we are not responsible for event performance, safety, admission, cancellation, venue conduct, artist conduct, broadcast decisions or third-party delivery. Views expressed by hosts, guests, creators or contributors are their own unless stated otherwise.

12. Acceptable use and prohibited conduct

You agree not to use the Services to:

• violate any law, regulation or third-party rights;
• upload or distribute infringing, defamatory, deceptive, hateful, abusive, threatening, exploitative, extremist, sexually explicit or illegal material;
• dox, blackmail, extort, harass, stalk, threaten, glorify violence, incite crime or target people with dangerous or hateful conduct;
• impersonate another person or falsely suggest endorsement, ownership, affiliation, consent or authorization;
• use another person’s face, voice, likeness, brand, beat, instrumental or image without rights or consent;
• spread malware, malicious code, scraping tools, phishing attempts, harmful automation or security exploits;
• scrape, spider, harvest or mass-collect data, content or personal information without authorization;
• train AI models or build datasets from the Services without permission;
• circumvent access controls, rate limits, geographic restrictions, payment controls, bans or security measures;
• buy or sell fake engagement, botted votes, click farms, manipulated streams, fraudulent traffic or inauthentic rankings;
• interfere with platform integrity, performance, safety, reputation or lawful operation; or
• encourage, assist or facilitate any of the above.

13. Moderation, reports and enforcement

We may review, moderate, rank, limit, demonetize, hide, remove, preserve, disable access to, disclose or report content, listings, messages, streams or accounts where we believe it is necessary to comply with law, enforce these Terms, protect rights, reduce fraud, investigate abuse, respond to complaints, preserve evidence or maintain platform integrity and user safety.

Users may report suspected violations through the tools or channels we provide. We may request information, documentation, releases, raw files or additional evidence. We may also cooperate with rights holders, processors, law enforcement, regulators or safety organizations where appropriate.

Except where unlawful, abusive, urgent or operationally impractical, we may provide a reason for significant enforcement action and may allow an appeal, but we are not required to do so in every case.

14. Copyright, trademark and IP complaints

We respect intellectual property rights and expect users to do the same. If you believe content on the Services infringes your copyright, trademark, publicity rights, privacy rights or other legal rights, send us a notice with enough detail for us to investigate.

A notice should generally include identification of the right claimed, identification of the allegedly infringing content and its location, your contact details, proof of authority to act where relevant, and a good-faith statement that the challenged use is unauthorized. We may allow counter-notices where appropriate and may suspend repeat infringers or repeated bad-faith complainants.

15. Privacy and data processing

Our collection, use, disclosure, retention and protection of personal information is described in our Privacy Policy. By using the Services, you acknowledge that your personal information may be processed in accordance with that policy and these Terms.

16. Business users, rankings and transparency

Search results, battle discovery, featured placements, leaderboards, creator visibility and other rankings may take into account factors such as relevance, location, recent activity, profile completeness, engagement quality, moderation or safety history, responsiveness, conversion, recency, fraud signals, subscription level, trust signals, policy compliance and business considerations.

We may feature our own campaigns, editorial selections, partner promotions, announcements, sponsored programs or subscription benefits, and may differentiate between users based on plan level, verification, reputation, performance or platform risk.

17. Third-party services and external platforms

The Services may integrate with or link to third-party platforms, payment providers, social networks, event vendors, maps, hosting providers, AI vendors, app stores or other external services. We do not control and are not responsible for third-party services, their content, policies, uptime, security, business decisions or legal compliance.

External rules, algorithm changes, removals, account limitations, copyright actions, moderation decisions, platform outages or policy changes may affect visibility, distribution, campaigns or results, and we are not responsible for those external decisions.

18. Beta features, APIs and experimental tools

We may offer beta, preview, pilot, early-access, API or experimental features. Those features may be incomplete, unstable, changed without notice or withdrawn at any time. We may impose rate limits, access controls, usage caps, technical restrictions, monitoring and special terms on those features.

19. Disclaimers

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.

Subject to that, and to the maximum extent permitted by law, the Services, TheHoodz Content, User Content, rankings, feeds, battles, uploads, communications, AI tools, outputs, events, tickets, virtual items and all related features are provided “as is” and “as available”. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, availability, reliability and security.

We do not guarantee that user content is safe, lawful, accurate, non-infringing or suitable, that any battle outcome or ranking is error-free, that any hood remains available, that any user is who they claim to be, that any event occurs as listed, or that any artistic, commercial or promotional result will happen.

20. Limitation of liability

Nothing in this section limits liability that cannot lawfully be excluded or limited.

Subject to that, and to the maximum extent permitted by law, Matterhorn Labs, TheHoodz and our affiliates, owners, officers, directors, employees, contractors, agents, licensors, partners and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive or enhanced damages, or for any loss of profits, revenue, business, goodwill, data, content, opportunity or reputation arising out of or relating to the Services, user content, user conduct, disputes between users or these Terms.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (A) the amount you paid to us in the twelve months before the event giving rise to the claim; or (B) USD $100.

21. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Matterhorn Labs, TheHoodz and our affiliates, owners, officers, directors, employees, contractors, agents, licensors, partners and service providers from and against claims, losses, liabilities, damages, judgments, awards, penalties, fines, costs and expenses arising out of or related to your User Content, Communications, account, transactions, use or misuse of the Services, breach of these Terms, infringement of third-party rights, violation of law, fraud, unsafe conduct or disputes with other users.

22. Suspension, termination and closure

We may suspend, restrict, hold funds, preserve evidence, remove content, disable features, cancel listings or terminate your account at any time if we reasonably believe you violated these Terms, your account presents fraud, safety, legal, sanctions, payment, security or reputational risk, you repeatedly infringe rights or abuse the platform, or we are required to act by law, a processor, regulator, vendor or rights holder.

You may stop using the Services and request account closure at any time, but certain obligations survive closure, including payment obligations, dispute obligations, licenses needed for completed transactions, audit logs, legal holds, moderation archives, preserved evidence and record retention.

23. Changes to services or Terms

We may modify these Terms, the Services, our fees, product structures, policies, workflows, rankings or rules from time to time. If we make a material change, we may notify users by posting updated Terms, updating the date above, sending an email or providing an in-product notice. Unless a longer notice period is required by law or stated by us, changes become effective when posted or on the date specified in the notice. Your continued use of the Services after the effective date means you accept the updated Terms.

24. Governing law and disputes

These Terms and any dispute, claim or controversy arising out of or relating to the Services or these Terms are governed by the laws of New South Wales, Australia, excluding conflict-of-law rules.

Subject to applicable law, the courts located in Sydney, New South Wales have non-exclusive jurisdiction over disputes arising from or relating to these Terms or the Services, and each party submits to that jurisdiction. To the extent the law allows, disputes should be brought on an individual basis. This section does not remove any right to bring a claim or participate in a proceeding that cannot lawfully be waived.

25. General legal terms

• Entire agreement. These Terms, together with any incorporated policies and applicable feature-specific terms, form the entire agreement between you and us concerning the Services.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect to the extent possible.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, reorganization, asset sale or corporate restructuring.
• Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
• Language. Any translated version is provided for convenience only. The English version controls in the event of conflict.

26. Contact details and legal notices

If you have legal notices, rights complaints, safety concerns or questions about these Terms, contact us using the details below.