Effective date: January 20, 2014
PLEASE READ THROUGH THESE TERMS CAREFULLY BEFORE USING HIVE.co (the “Site”).
Hive reserves every right to, at its sole discretion, alter or amend these Terms at any time. Any such changes will be effective immediately upon posting. You are advised to periodically review these Terms for any such updates or changes.
Subject to the acceptance and continuing adherence to these Terms, Hive provides to its Users a limited, non-exclusive, non-transferable license to access and use the Site and its associated Services. This Site is the sole and exclusive property of Hive and its licensors, and no rights beyond those granted in this Agreement will be permitted. Any Users of this Site agree to abide by any and all applicable law.
In order to use the Site and its Services, Users must be at least 13 years of age. Any persons who do not fulfill this requisite are prohibited from using the Site. Any User using the Services on behalf of another person, entity or organization, must be an authorized representative with the authority to bind such person, entity or organization to these Terms. Any such Users are hereby agreeing that by using the Service they are binding their represented person, entity or organization to these Terms.
Users agree that they are solely responsible for their actions when using the Site and its' Services, including the actions of any respective employees and agents that use the Site or Services as a representative of such a User. Any conflicts or disputes arising between Users must be resolved directly between such Users, and Users assume any and all risk associated with dealing with other respective Users.
Users of the Service agree not to use the Services or the Site for illegal or fraudulent purposes or to impersonate any other person or entity. Users agree not to display or transmit any unlawful, harmful, hateful, racially or ethnically objectionable material of any kind through the use of this Site. This includes distribution of any files containing viruses, corrupted or malicious files, or any other similar programs, as well as interfering with or disrupting in any way the Sites' functionality.
Users agree that any information provided when signing-up or in the process of purchasing a ticket will be accurate, current and complete. Users agree to pay all charges (including applicable service fees) incurred by themselves or any of their representatives at the price(s) in effect when such charges are incurred, as well as any then-current applicable taxes. By using a credit card or other payment means to purchase tickets, You warrant that You have full legal right to use such credit card or payment means. Users agree that Hive has the right to provide any such supplied User payment information to third parties to facilitate the completion of all transactions initiated by You or your representatives. Purchases made by Users on the Site are non-refundable and cannot be exchanged unless expressly stated otherwise. Hive shall have no liability for any losses, damages or claims arising from, or related to, any purchase transactions initiated on the Site.
Users agree that any content (including, without limitation, data, materials, posts, ratings, etc.) submitted by themselves or their representatives on the Site (“User Content”) may be used by Hive, for any purpose, through the offering of the Service and in any associated activities with third parties. Hive does not in any way guarantee the confidentiality of User Content. Users therefore are responsible for their own User Content, and assume all risks associated with the submission of such. Hive retains the right to, at any time and at its sole discretion, remove User Content from the Site.
INTELLECTUAL PROPERTY RIGHTS
All content or other material available on the Site, including but not limited to, software, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, (the "Material"), are the property of Hive and its affiliates or licensors and are protected by copyright or other proprietary intellectual property rights under Canadian and foreign law.
Hive logos, trademarks and service marks that appear on the Site (the "Marks"), are the property of Hive and are protected under Canadian and foreign laws. All other trademarks, service marks and logos appearing on the Site, with or without attribution, are the property of their respective owners.
THIRD PARTY CONTENT
Any references to third parties, links to third party websites or documents, or information obtained from third parties that is contained on this Site (this includes statements made by the Users of this Site) are provided “as is” and are not under the control of Hive. Hive therefore cannot be held responsible or liable for any of the Content originating from or contained by such sources. Hive is also not responsible for the reliability, accuracy, legality or any other aspects of third party content, and cannot be held liable for any damages or losses caused by Users' reliance on such sources of information. It is the Users' responsibility to assess the fitness of the information and content provided by these sources for their particular uses, and Users access and rely on such information at their own risk. By using the Site, Users expressly relieve Hive from any and all liability arising from the use of any third party website. Users understand that third parties may, at any time, alter or revoke data, content, materials or software made available on their sites, and agree that any such actions by a third party does not constitute a breach of these Terms.
Warranties: All Content and Services provided on this Site are presented “as is” and without any warranties or conditions, whether express or implied. Hive disclaims any warranties, either implied or explicit. This includes, but is not limited to, implied warranties or conditions of merchantability, non-infringement, title, accuracy or security, and fitness for a particular purpose. Your use of this Site is completely your responsibility and at your own risk. Hive is not responsible for the accuracy of the information contained on this Site, and in no case will be held liable for any losses associated with the reliance on the Content provided by the Site. Jurisdictions that do not allow for the exclusion of particular warrantees may not be subject to certain limitations contained in this Agreement.
Limitation of Liability: Hive will not be held responsible for any omissions or errors in the Content and Services provided on this Site, or any information that is linked to this Site. Hive in no way makes any representations of the reliability, availability, fitness, or accuracy of the Content and Services provided by this Site. Hive will not be held liable under tort, negligence, contract, strict liability or any other legal theory for any losses or damages, whether indirect, incidental, punitive, consequential or special, caused by the use or misuse of this Site. Any liability of Hive with respect to the Service supplied, for any cause and regardless of the cause of action, whether in contract or in tort, will be limited to the total aggregate annual amount paid by the related User(s) to Hive in the then-current contract year.
Termination: With or without cause and/or notice and at any time, Hive may terminate your access to all or any part of the Services provided by this Site. Hive shall not be liable to Users for termination of the Services.
Contests, Sweepstakes, Promotions and other Activities: Specific rules will be given in the event that Hive initiates any contests, sweepstakes, promotions or other related activities on the Site. These circumstantial rules will prevail in the event that there exists a conflict between the specific rules of the event and the Terms of this Agreement.
Legal Fees: Users agree that in the event that Hive prevails in any legal action to enforce these Terms, Hive shall be entitled to recover reasonable attorney's fees.
Governing Law: All legal matters associated to the Services, the Site, and these Terms will be governed by the laws of the province of Ontario, Canada.
Entire Agreement: The Terms of this Agreement are intended to be in the final expression of the Agreement between Hive and the Users of its' Services, and may not be contradicted by evidence of any prior or contemporaneous agreement.
Assignment: Users and Clients may under no condition assign the Terms or any rights contained in this Agreement to another party.
Contact: If Users have any questions regarding this Agreement, please contact us at firstname.lastname@example.org.