Terms of Service
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF SERVICE (“TOS”) BEFORE USING THE HYKE WEBSITES, WEB APPS, MOBILE APPS, AND/OR OTHER PRODUCTS AND SERVICES OWNED OR OPERATED BY HYKE TECHNOLOGIES INC AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These TOS apply to all products and services which are owned, controlled and/or operated by or on behalf of HYKE Technologies Inc. (“HYKE” or “we,” “our,” or “us”) and other affiliated entities controlled by or under common control with HYKE (however accessed and/or used, whether via personal computers, mobile devices or otherwise, collectively, the “Products”), or other interactive features or protocols (including, without limitation, mobile sites and widgets) that are owned, controlled and/or operated by or on behalf of HYKE and are available through the Products or that interact with the Products and post these TOS. You agree to these TOS by accessing or using the Products, registering for, or requesting a demo, or using any of the Products or Services offered by HYKE (“Services”), or by accepting, uploading, submitting or downloading any information or content from or to the Products. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOS, DO NOT USE THE PRODUCTS.
Table of Content
- Intellectual Property Ownership
- Information You Submit
- Use of Campaigns and Templates on the Products and Custom Services
- HYKE Products
- Payment Obligation and Payment Authorization
- Viral Distribution
- Third Party Content and Information
- Your Conduct on our Products
- Acceptable Use
- Limitation of Liability
- Governing Law, Venue and Jurisdiction
We may modify these TOS at any time without notice to you by posting revised TOS on our Products and such modification will be effective upon posting by Company on the Products. Your continued use of our Products and/or Service after HYKE posts a revised TOS constitutes your binding acceptance of these TOS, including any modifications that we make. It is therefore important that you review these TOS regularly to ensure you are updated as to any changes.
We have the right, but not the obligation, to take any of the following actions, in our sole discretion at any time, and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Products and/or Services;
- Change, suspend, or discontinue all or any part of our Products and/or Services;
- Refuse, move, or remove any material that you submit to our Products for any reason;
- Refuse, move, or remove any content that is available on our Products;
- Deactivate or delete your accounts and all related information and files in your account; and
- Establish general practices and limits concerning use of our Products and/or Services.
You agree that we will not be liable to you or any third party for taking any of these actions.
Intellectual Property Ownership
The past, present and future content on the Products, including, without limitation, organization, graphics, text, images, audio, videos, ringtones, voicetones, wallpapers, games, contests, voting, technology, applications, Campaigns (defined below), artwork, information, data, designs, compilations, campaign copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Products and Services, including, without limitation, the “look and feel” of the Products (collectively, “Content”), are protected by applicable copyright laws of Canada, US, international conventions, other applicable copyright laws and other proprietary (including, but not limited to, intellectual property) rights and are owned or controlled by HYKE, its subsidiaries, affiliates or its licensors. Except as expressly set forth in these TOS or otherwise expressly granted to you in writing by HYKE, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under this TOS are hereby reserved for HYKE and/or its subsidiaries, affiliates or its licensors. Nothing contained in this TOS will affect, impair, or limit in any way HYKE’s rights to exploit fully any or all of the Content. The copying, reproduction, alteration, rearrangement, sale, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content, including the removal or alteration of Content, advertising or promotional materials, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Products (including the Content) or as HYKE may impose from time to time. Moreover, you agree that you will not remove any proprietary notices or labels contained in or on the Content. Copying, archiving or storing any part of the Products for a purpose that is not permitted by these TOS is expressly prohibited without prior written permission from HYKE or the applicable copyright holder as identified on the Products. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Content, or take any action whatsoever in derogation of HYKE’s rights therein, or in breach of, any terms and conditions contained in this TOS. You acknowledge and agree that you will not acquire or claim any rights in the Content, or aid or abet anyone else in doing so. Nothing in this TOS will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Content or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Content. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Content, or disseminate any Content in any manner to the public (for free or for a fee). The terms of this paragraph do not apply to information you submit to the Products in connection with any Services or User Upload Information addressed below.
You may not use the Products for any purpose or in any manner that infringes the rights of any third party. HYKE encourages users to report any content on its Products that a user believes infringes his or her rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on one of HYKE’s Products infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HYKE’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact the complaining party;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HYKE’s copyright agent for notice of claims of copyright infringement on or regarding the Products can be reached as follows:
Attn: General Counsel
HYKE Technologies Inc.
Suite 0100, 100 Signal Hill Road
St. John’s, NL, Canada A1A 1B3
By e-mail Privacy@hykeup.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only. For inquiries regarding content that you believe may otherwise violate your rights, please see below.
Other Intellectual Property and Related Complaints
If you believe that any of HYKE’s Products contain content that violate your rights other than copyrights, please provide HYKE at least the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
- an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and
- accurate contact information for you.
Please send your complaint regarding content on one of HYKE’s Products to:
Attn: General Counsel
HYKE Technologies Inc.
Suite 0100, 100 Signal Hill Road
St. John’s, NL, Canada A1A 1B3
By e-mail Privacy@hykeup.com
NOTE: This contact information is only for inquiries regarding content that you believe may be infringing
Other Important Information Regarding Potential Copyright Infringement or other Content Complaints
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
HYKE will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights. As a regular part of our business, HYKE may display advertisements and product or service listings from a wide variety of companies. We encourage the owners of intellectual property rights who believe their rights are being infringed by a company who advertises or lists its products or service on any of our Products to resolve their disputes directly with that company. HYKE is not in a position to arbitrate disputes between users or the owners of intellectual property rights and companies who advertise or list their products or services on our Products. As a courtesy to owners of intellectual property rights, we may perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our Products.
You may only view and use, download, reformat and Content for your revocable, non-commercial personal use, subject to these TOS. Except for the limited license provided to you, if you desire to use any of Content for any commercial or other purposes, you must obtain our prior written permission and the use of such Content is subject to:
- these TOS
- any Additional Terms that may govern the Content that are posted on the Products, and
- any requirements we make you aware of when we provide you permission to use our Content.
You may link from another site to HYKE’s Products, subject to the following restrictions: any web site that links to the Products:
- must not frame or create a browser or border environment around any of the Content of the Products;
- may link to, but not replicate, the Content;
- must not imply that HYKE or the Products are endorsing, sponsoring or partnering with it or its products, unless HYKE has given its prior written consent;
- (d)must not present false information about HYKE or its products or services;
- must not use any HYKE trademarks without the prior written permission from HYKE; and
- must not contain content that could be construed as distasteful, offensive or controversial.
Information You Submit
From time to time, the Products may contain functionality through which you can upload or otherwise submit information, data, software, messages, photographs, artwork, proposals, invoices, discount, HYKE campaign info, audio, video, text, discount, and other materials to the Products (“User Upload Information”). For purposes of clarity, the definition of “User Upload Information” specifically excludes Custom Campaigns (defined below) and Your Contribution to Products (defined below) which shall be governed by the provisions set forth below. For example, the Products may offer forums, bulletin boards, chat rooms or other interactive areas (“Community User Forums”). You must read and follow the posted Community User Forum rules, if any, at the top of the forums in which you post. HYKE, its subsidiaries, affiliates or the directors, officers, employees, or other representatives of each of them do not endorse the content posted in Community User Forums. HYKE reserves the right to suspend or terminate your access to the Products and pursue all legal remedies if we believe your User Upload Information infringes another’s copyright or otherwise violates any law, rule or regulation. Except as expressly allowed by HYKE in writing, you acknowledge and agree that you are prohibited from accepting payment for User Upload Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, in User Upload Information. You agree to use Community User Forums only to send and receive messages and material that are proper and related to that particular Community User Forum.
- When you upload User Upload Information via the Products, you irrevocably grant to HYKE, its subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free license containing, without limitation, all right, title and interest in User Upload Information, including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in User Upload Information. You further agree that HYKE, its parent, subsidiaries, affiliates, and partners and the directors, officers, employees, licensees and other representatives of each of them, will have the unlimited right everywhere, and forever, without any credit or compensation to you, to use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, make available for download, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute and use for advertising, marketing, publicity and promotional purposes, any User Upload Information or portions of User Upload Information, and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products using such User Upload Information. You hereby waive any moral rights you may have in and to any User Upload Information, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that HYKE, its, subsidiaries, affiliates and partners are not obligated to use User Upload Information submitted through the Products or otherwise, and may alternatively choose to discard, and limit or block access to User Uploaded Information without any liability whatsoever.
- All User Upload Information is your sole responsibility. This means that you, and not HYKE, are entirely responsible for all User Upload Information that you upload, post, e-mail, transmit or otherwise make available via the Products. If you post personal information in Community User Forums or on other publicly available areas of the Products, then you may receive unsolicited messages from third parties. HYKE cannot ensure the security of any information you post on publicly available areas of the Products. Under no circumstances will we be liable in any way for any User Upload Information, including, but not limited to, any errors or omissions in User Upload Information, or for any loss or damage of any kind incurred as a result of User Upload Information. You represent that User Upload Information is an original work by you or you have all necessary rights in it and to submit it to HYKE under the terms of these TOS; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of the terms of the TOS. You acknowledge that the Products, through HYKE, its subsidiaries, affiliates, and partners undertakes no obligation to pre-screen User Upload Information, but that it has the right, in its sole discretion to modify, delete, edit, distribute, refuse, move, block access to or remove any User Upload Information. You agree that you must evaluate, and bear all risks associated with, the use of any of User Upload Information, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Upload Information. Since HYKE, its subsidiaries, affiliates and partners may not pre-screen user-generated content, you may bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Upload Information.
Use of HYKE Campaigns on the Products and Custom Services
HYKE may provide certain functionality on the Products that allows you to manipulate Content, including, but not limited to, certain templates, forms, or promotional top-up campaigns (each a “Template and collectively, the “Templates”) provided on the Products, which may be used by you for the creation, development and submission of Products, Campaigns or Custom Services (“Services”) by allowing you to combine your own content (“Your Contribution to Products”) with the Templates or otherwise customize the Templates to create Custom Services. The Templates are considered Content, are owned by HYKE. Any Services or Custom Services you develop are subject to the provisions set forth below and any additional agreements you enter into with HYKE regarding the Custom Services. Please note that except as set forth in these TOS, you cannot copy, download, print, create derivatives of, or utilize in any way any of the Templates or other materials on the Products without our express prior written permission.
The Products permit you to use the Templates in conjunction with the creation, development, submissions and purchase of Services from HYKE. When you purchase Services from us (or start using HYKE Products), the purchase will be subject to the terms of this TOS. Any such usage is incorporated herein by this reference. The Templates are owned by us and will continue to be owned by us during and after your use. This includes any modifications to a Template that we make or authorize you to make, whether personalized or otherwise. All of Your Contribution to Products, Services, and Custom Services is your sole responsibility and you, and not HYKE, are entirely responsible for all of the content you provide in Your Contribution to Products. It is your responsibility to check the correctness of each Campaign before submitting it to HYKE. Under no circumstances will we be liable in any way for Your Contribution to Products and or Services, including, but not limited to, any errors or omissions in Your Contribution to Products, or for any loss or damage of any kind incurred as a result of Your Contribution to Products or Services. You represent and warrant that Your Contribution to Products is original work by you or you have all necessary rights in it and to submit it to HYKE under the terms of these TOS; that it is not defamatory; and that it does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy or any other proprietary rights or otherwise violate any law, rule, or regulation. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from, your breach of any representation or warranty, or other violation of the terms of the TOS or any other user agreement posted on the Products. Use of all Templates and materials must be consistent with and are subject to any Additional Terms that are provided at the time you start using our Products, including, but not limited to, as specifically set forth in any Agreement.
During the period that your Campaign(s) is/are featured on our Products, we may allow you, with our express prior written permission, the exclusive use of the specific Template(s) that you selected only within the general geographic area. For purposes of certainty, even if we grant you the exclusive use of a Template while your Campaign is in effect, we may allow someone in another geographic area to use it. We can allow others, even in your geographic area, to use, and request modifications to, the Template. Whether or not you use our Products, you cannot, without our express prior written consent, use the Templates in any Products or Services not purchased from us.
Your use of the Templates and your creation of any Campaign is subject to the following terms and conditions:
- HYKE owns the Templates and retains all rights in the Templates. The license HYKE grants you to use the Templates in connection with Products is limited to the Templates specifically made available by HYKE for use in connection with Products or Services, and may be revoked by HYKE at any time without liability to you;
- The license to use the Templates in connection with Products is solely for the purpose of allowing you to manipulate the Templates or combine the Templates with Your Contribution to Products;
- Your use of the Templates and Products is subject to these TOS and any additional terms and conditions as HYKE may from time-to-time notify you of in these TOS, any Additional Terms, and the terms set forth in any related Service Agreement.
- You retain whatever prior rights you had in Your Contribution to Products and retain the right to use Your Contribution to Products in works entirely unrelated to Products and entirely unrelated to derivative works of Products.
- You will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Products, without our express written permission.
HYKE Products Accounts
Payment Obligation and Credit Card Authorization
When online payment of invoices for using Products or Services purchased is offered through the Products, HYKE will automatically charge the owed balance on your account to your provided method of payment or you will be prompted to authorize us to charge the credit card account or checking account that you provide. During setting up your method oof payment you will be given the opportunity to choose from two (2) payment options: (1) automatic recurring payments, and (2) payments in advance.
Once payments have been charged to your credit card or checking account, they are nonrefundable. You will also be responsible for paying any authorized payments charged to your credit card or checking account by someone who uses your credit card or authorizes a debit from your checking account without your permission, even if your credit card company or bank does not cover such costs.
If we do not receive payment from your bank or from your credit card issuer or its agent (with respect to credit card payment), you agree to pay all amounts due upon our demand in accordance with the terms of the Rate Calculation posted on our Products. Your credit card issuer agreement governs your use of your designated credit card in connection with payment, and you must refer to that agreement and not these TOS to determine your rights and liabilities as a cardholder.
Third Party Content and Information
The Products contain Content that is provided for your convenience and enjoyment. Third parties provide some of the Content. You should be aware that the Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Content may be subject to terms and conditions that may be found on the Products or in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing. Third parties may offer goods, services and other materials to you on the Products. Your correspondence and business dealings with others found on or through the Products, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the service provider. You agree that HYKE will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such products, services, and other Content on the Products. Under certain circumstances, we may permit third party users to upload content, in which event you may be exposed to offensive, indecent or objectionable content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these TOS or that is otherwise objectionable. Descriptions of, or references to, products, services or publications within the Products do not imply endorsement of that product, service or publication by HYKE.
Your Conduct on our Products
If we request registration information from you, you will provide us with true, accurate, current, and complete information. If you create a user account, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your user account. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else’s password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
The technology and the software underlying our Products and the Services (including any software that we make available for download or use from the Products and/or our servers) (the “Software”) is the property of HYKE, our affiliates, our partners, or independent suppliers. Your use of the Software may be governed by the terms of an end-user license agreement that accompanies or is included with the Software (the “License Agreement”). Please carefully read the License Agreement and these TOS to determine the full extent of conditions governing the use of such Software. Except if expressly permitted by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or Software underlying our Products or the Services. You agree not to modify the Software underlying our Products or the Services, in any manner or form or to use modified versions of such Software, including (without limitation) for the purpose of obtaining unauthorized access to our Products.
The technology and the software underlying our Products and the Services (including any software that we make available for download or use from online, web apps, mobiles apps (the Products and/or our servers) (the “Software”) is the property of HYKE, our affiliates, our partners, or independent suppliers. Your use of the Software may be governed by the terms of an end-user license agreement that accompanies or is included with the Software (the “License Agreement”). Please carefully read the License Agreement and these TOS to determine the full extent of conditions governing the use of such Software. Except if expressly permitted by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or Software underlying our Products or the Services. You agree not to modify the Software underlying our Products or the Services, in any manner or form or to use modified versions of such Software, including (without limitation) for the purpose of obtaining unauthorized access to our Products.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, display, promote, disseminate or otherwise make available (collectively, “Transmit”) any material that is inappropriate, profane, vulgar, libelous, defamatory, obscene, indecent, unlawful content, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, false, unlawful, threatening, tortious, disparaging (including disparaging of HYKE, its subsidiaries or affiliates), anything that adversely affects HYKE’s business, such as discouraging any person or entity from advertising with, linking to or supplying HYKE, or that promotes violence, racial hatred or terrorism, or is otherwise objectionable in HYKE’s sole discretion;
- Transmit any information, software, or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties, including, without limitation, copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent forensic identification or tracing information, rights signaling, tracking, reporting or recognition information, or copy-protect devices, including serial registration numbers for software programs, or any type of hacker or cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right;
- Upload, transmit files that contain viruses, corrupted files, spyware, adware or any other software or programs that may damage or adversely affect the operation of another person’s computer, our Products, any software or hardware, or telecommunications equipment or take any steps to, on or in connection with the Products that deactivates any copy protection devices, programs or utilities;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our Products;
- Collect or store personal information about other end users;
- Interfere with or disrupt our Products, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a HYKE representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Products or to manipulate your presence on our Products;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Use or attempt to use another’s information (including financial information), account, wireless account, wireless device, password, service or system, except to the extent you have permission to use such information; or
- Engage in any illegal activities. You represent, warrant and agree that you will comply with the above acceptable use policy.
Additionally, you understand and agree that HYKE will determine your compliance with these TOS, in its sole discretion. HYKE reserves the right to deny access to all or part of the Products and to deny access to any person for any reason, in its sole discretion, without notice or liability of any kind. Any violation of these TOS may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by HYKE, you must destroy all materials obtained from the Products and all related documentation. Unauthorized access to any of our Products is a breach of these TOS and a violation of the law. You agree not to access our Products by any means other than through the interface that is provided by HYKE for use in accessing our Products. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Products, except those automated means that have been approved in advance and in writing.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Products and the Content, including, without limitation, those governing your transmission or use of any software or data. If you are given the option to choose a username, and the username chosen, in our sole discretion, is obscene, indecent, abusive or might subject us to public disparagement or scorn, HYKE reserves the right, without prior notice to you, to automatically change your username, delete your posts from our Products, deny you access to our Products, or any combination of these options.
- If you do not agree to these TOS, you should immediately stop using the Products and/or Services. If you want to delete your account on a Web Site or any Services, please use contact instructions posted on the Web Site or Services at which you obtained the account. Any User Upload Information you made while using the Services will continue to be governed by these TOS.
- These TOS will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.
You agree to defend, indemnify and hold harmless the HYKE, its subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them (“HYKE Parties”) with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with this TOS, including, without limitation: (a) your use of the Products; (b) your violation of these TOS or any law, rule or regulation, including, without limitation, those relating to false advertising, intellectual property infringement, defamation or authorization; (c) your use of the Content; (d) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; (e) your connection to the Products; or (f) Your Contribution to Products. You will cooperate as fully and reasonably as required by HYKE in the defense of any claim. Notwithstanding the foregoing, HYKE retains the exclusive right to assume the exclusive defense and control of any matter for which you are required to indemnify us and/or settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against HYKE herein under the terms and provisions of this Section and in no event shall you settle any such claim without HYKE’s prior written approval.
- We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Products. We disclaim any responsibility for, and if you subscribe to one of our fee-based Products or Services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our Products, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
- THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PRODUCTS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE PRODUCTS; (B) THE CONTENT (INCLUDING THE TEMPLATES) AND SOFTWARE ON AND PROVIDED THROUGH THE PRODUCTS; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PRODUCTS; (D) THE MESSAGES AND INFORMATION SENT FROM THE PRODUCTS BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, CUSTOM SERVICES, HYPERTEXT LINKS OR OTHER INTERACTIVE FEATURES THAT ARE ACCESSIBLE OR DOWNLOADABLE THROUGH THE PRODUCTS; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PRODUCTS OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE PRODUCTS, ANY OF THE PRODUCTS’ FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PRODUCTS OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PRODUCTS IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PRODUCTS, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PRODUCTS OR THE CONTENT. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR PRODUCTS AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. COMPANY, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PRODUCTS AS SET FORTH BELOW:
- UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THE PRODUCTS, THE CONTENT, YOUR CONTRIBUTION TO CUSTOM SERVICES OR SERVICES; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PRODUCTS; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PRODUCTS OR CONTENT (INCLUDING THE TEMPLATES); (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE PRODUCTS’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE PRODUCTS); OR (6) ANY ACT, OMISSION, FAILURE TO DISTRIBUTE, MISTAKE AND/OR ERROR IN THE CREATION, DEVELOPMENT AND/OR DISTRIBUTION OF SERVICES, RUNNING CAMPAIGNS, OR CUSTOM SERVICES. IN NO EVENT WILL THE COMPANY PARTIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME PROVINCES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY PARTIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
- THE PARTIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
- YOUR ACCESS TO AND USE OF THE PRODUCTS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCTS OR THE CONTENT.
- YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY PRODUCTS, PROPERTY, SERVICE, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OUT OF HOME DISPLAY OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, CAMPAIGNING, EXHIBITION OR EXPLOITATION OF ANY COMPANY PRODUCTS, PROPERTY, SERVICE, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OUT OF HOME DISPLAY OR OTHER AUDIO/VISUAL CONTENT OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
- BY ACCESSING ANY OF THE PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOUR AT THE TIME OF EXECUTING THE RELEASE.
Governing Law, Venue and Jurisdiction
- THESE TOS SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF NEWFOUNDLAND AND LABRADOR OF CANADA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
- You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Products, the Use or Access thereof, or these TOS must be in the province or federal courts located in St. John’s, NL and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in St. John’s, NL for any such legal proceeding.
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Products or these TOS must be filed within one (3) months after such claim or cause of action arose or be forever barred.
- To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the Products will be resolved individually, without resort to any form of class action.
You represent that you have all requisite power and authority to agree to be bound by these TOS, and to perform all of the acts and obligations set forth in these TOS.
We may elect to resolve any controversy or claim arising out of or relating to these TOS or the Services by binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Unless we establish a different location, arbitration hearings will be held in St. John’s, NL. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
- We may be required by province/state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our Products or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. These TOS, including all Additional Terms, conditions, and policies on the Services and, if applicable any Service Agreements, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.
- The HYKE’s failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision.
- These TOS, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and HYKE and govern your use of our Products, superseding any prior agreements that you may have with HYKE.
- If any part of these TOS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TOS shall continue in effect.