Terms of Service
1. Your Relationship with HIVELIGHTER
1.1 Your use of HIVELIGHTER apps and website and any HIVELIGHTER products, software, data feeds and services (collectively the "Service") is subject to the terms of a legal agreement between you and hivelighter Inc.. "hivelighter Inc." means hivelighter Inc., whose principal place of business is at 7th Floor, 1425 Rene-Levesque W, Montreal, QC, H3G 1T7, Canada.
1.2 Your legal agreement with HIVELIGHTER is made up of (A) the terms and conditions set out in this document, (B) HIVELIGHTER's Privacy Policy (http://www.hivelighter.com/privacy.html) (collectively called the "Terms")
1.3 The Terms form a legally binding agreement between you and HIVELIGHTER in relation to your use of the Service. It is important that you take the time to read them carefully.
1.4 The Terms apply to all users of the Service, including users who are also contributors of Content, on the Service. "Content" includes the meta data of saved web pages, highlights positions of saved web pages, highlighted texts of saved web pages, comments of saved web pages, folders and other materials you may view on, access through or contribute to the Service.
2. Accepting the Terms
2.1 In order to use the Service, you must firstly agree to the Terms. You may not use the Service if you do not accept the Terms.
2.2 You can accept the Terms by simply using the Service. You understand and agree that HIVELIGHTER will treat your use of the Service as acceptance of the Terms from that point onwards.
2.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with HIVELIGHTER, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which you are resident or from which you access or use the Service.
2.4 You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
3.1 HIVELIGHTER reserves the right to make changes the Terms from time to time, for example to address changes to the law or regulatory changes or changes to functionality offered through the Service. Therefore you must look at the Terms regularly to check for such changes. The modified version of the Terms (the "Modified Terms") will be posted at https://hivelighter.com/terms.html or https://hivelighter.com/privacy.html or made available within the Service (for any modified additional terms). If you do not agree to the Modified Terms you must stop using the Service. Your continued use of the Service after the date the Modified Terms are posted will constitute your acceptance of the Modified Terms.
4. HIVELIGHTER Accounts
4.1 In order to access some features of the Website or other elements of the Service, you will have to create a HIVELIGHTER account. When creating your account, you must provide accurate and complete information. It is important that you must keep your HIVELIGHTER account password secure and confidential.
4.2 You must notify HIVELIGHTER immediately of any breach of security or unauthorised use of your HIVELIGHTER account that you become aware of.
4.3 You agree that you will be solely responsible (to HIVELIGHTER, and to others) for all activity that occurs under your HIVELIGHTER account.
5. General Restrictions on Use
5.1 HIVELIGHTER hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part:
A. You agree not to distribute any part of or parts of the Website or the Service, including but not limited to any Content, in any medium without HIVELIGHTER’s prior written authorisation, unless HIVELIGHTER makes available the means for such distribution through functionality offered by the Service (such as the HIVELIGHTER sharing feature);
B. You agree not to alter or modify any part of the Website or any of the Service (including but not limited to the HIVELIGHTER and its related technologies);
C. You agree not to access Content through any technology or means other than the webpages of the Website itself, the HIVELIGHTER, or such other means as HIVELIGHTER may explicitly designate for this purpose;
D. You agree not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service;
E. You agree not to use the Service (including the HIVELIGHTER) for any commercial uses unless you obtain HIVELIGHTER’s prior written approval:
F. You agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the HIVELIGHTER servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard (i.e. not modified) web browser;
G. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of HIVELIGHTER or the respective licensors of the Content.
5.2 You agree that you will comply with all of the other provisions of the Terms at all times during your use of the Service.
5.3 HIVELIGHTER is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which HIVELIGHTER provides may change from time to time without prior notice to you.
5.4 As part of this continuing innovation, you acknowledge and agree that HIVELIGHTER may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at HIVELIGHTER’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform HIVELIGHTER when you stop using the Service.
5.5 You agree that you are solely responsible for (and that HIVELIGHTER has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HIVELIGHTER may suffer) of any such breach.
6. Copyright Policy
6.1 HIVELIGHTER operates a copyright policy in relation to any Content that is alleged to infringe the copyright of a third party.
6.2 As part of HIVELIGHTER’s copyright policy, HIVELIGHTER will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
7. Content
7.1 Content stands for the information of highlighted position and annotation which you created in certain webpage (collectively the "Content"). As a HIVELIGHTER account holder you may submit Content. Your Content may be exposed to various search engines such as Google, Bing and etc if the shared link is posted online.
7.2 You retain all of your ownership rights in your Content, but you are required to grant limited license rights to HIVELIGHTER and other users of the Service.
7.3 You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it to various websites such as Facebook, Twitter, Slack and etc.. and search engines such as Google, Bing and etc. HIVELIGHTER does not endorse any Content or any opinion, recommendation, or advice expressed therein, and HIVELIGHTER expressly disclaims any and all liability in connection with Content.
7.4 You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable HIVELIGHTER to use your Content for the purposes of the provision of the Service by HIVELIGHTER, and otherwise to use your Content in the manner contemplated by the Service and these Terms.
7.5 You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for HIVELIGHTER to use or possess in connection with the provision of the Service.
7.6 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant HIVELIGHTER the license referred to in paragraph 8.1 below.
7.7 On becoming aware of any potential violation of these Terms, HIVELIGHTER reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User's access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion.
7.8 You further understand and acknowledge that in using the Service, you may be exposed to Content that is factually inaccurate, offensive, indecent, or otherwise objectionable to you. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HIVELIGHTER with respect to any such Content.
8. License Rights
8.1 When you upload or save Content to HIVELIGHTER, you grant:
A. to HIVELIGHTER, a worldwide, non-exclusive, royalty-free, transferable license (with right to sub-license) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and HIVELIGHTER's business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
B. to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.
8.2 The above licenses granted by you in Content terminate when you remove or delete your Content from the Website. The above licenses granted by you in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownerships rights, which are retained by you as set out in paragraph 7.2 above.
9. HIVELIGHTER Content on the Website
9.1 With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to HIVELIGHTER, and is subject to copyright, trade mark rights, and other intellectual property rights of HIVELIGHTER or HIVELIGHTER's licensors. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of HIVELIGHTER or, where applicable, HIVELIGHTER's licensors. HIVELIGHTER and its licensors reserve all rights not expressly granted in and to their Content.
10. Links from HIVELIGHTER
10.1 The Service may include hyperlinks to other web sites that are not owned or controlled by HIVELIGHTER. HIVELIGHTER has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
10.2 You acknowledge and agree that HIVELIGHTER is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3 You acknowledge and agree that HIVELIGHTER is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10.4 HIVELIGHTER encourages you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
11. Ending Your Relationship with HIVELIGHTER
11.1 The Terms will continue to apply until terminated by either you or HIVELIGHTER as set out below.
11.2 If you want to terminate your legal agreement with HIVELIGHTER, you may do so by notifying HIVELIGHTER at any time Your notice should be sent, in writing, to HIVELIGHTER's email address ([email protected]).
11.3 HIVELIGHTER may at any time terminate its legal agreement with you if:
A. you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
B. HIVELIGHTER is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
11.4 HIVELIGHTER may terminate its legal agreement with you if:
A. HIVELIGHTER is transitioning to no longer providing the Service to users in the country in which you are resident or from which you use the Service; or
B. the provision of the Service to you by HIVELIGHTER is, in HIVELIGHTER's opinion, no longer commercially viable and in the case of each of A and B of this clause 11.4 shall, where possible, give reasonable notice of such termination.
11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HIVELIGHTER have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 14.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
12. Exclusion of Warranties
12.1 Nothing in the Terms shall affect any statutory rights that you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
12.2 The Service is provided "as is" and HIVELIGHTER makes no warranty or representation to you with respect to them.
12.3 In particular HIVELIGHTER does not represent or warrant to you that:
A. Your use of the Service will meet your requirements,
B. Your use of the Service will be uninterrupted, timely, secure or free from error,
C. Any information obtained by you as a result of your use of the Service will be accurate or reliable, and
D. That defects in the operation or functionality of any software provided to you as part of the Service will be corrected.
12.4 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms.
13. Limitation of Liability
13.1 Nothing in these Terms shall exclude or limit HIVELIGHTER's liability for losses which may not be lawfully excluded or limited by applicable law.
13.2 Subject to the overall provision in paragraph 13.1 above HIVELIGHTER shall not be liable to you for:
A. Any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
B. Any loss or damage which may be incurred by you as a result of:
i. Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service;
ii. Any changes which HIVELIGHTER may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service);
iii. The deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service;
iv. Your failure to provide HIVELIGHTER with accurate account information;
v. Your failure to keep your password or HIVELIGHTER account details secure and confidential.
13.3 The limitations on HIVELIGHTER's liability to you in paragraph 13.2 above shall apply whether or not HIVELIGHTER has been advised of or should have been aware of the possibility of any such losses arising.
14. General Legal Terms
14.1 The Terms constitute the whole legal agreement between you and HIVELIGHTER and govern your use of the Service and completely replace any prior agreements between you and HIVELIGHTER in relation to the Service.
14.2 You agree that HIVELIGHTER may provide you with notices, including those regarding changes to the Terms, by email or postings on the Service.
14.3 You agree that if HIVELIGHTER does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HIVELIGHTER has the benefit of under any applicable law), this will not be taken to be a formal waiver of HIVELIGHTER's rights and that those rights or remedies will still be available to HIVELIGHTER.
14.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
14.5 You acknowledge and agree that each member of the group of companies of which HIVELIGHTER is a part shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary of the Terms.
15. General Legal Terms
15.1 You agree that hivelighter Inc. may serve legal documents including summons or notice of legal proceedings by way of email and courier delivery (“Expedited Service”), in the event that you reside outside of HQ Country. You acknowledge that you prefer Expedited Service to alternative service and delivery of legal documents and that by agreeing to Expedited Service it is likely to be better noticed of such proceedings. This Agreement shall further be governed by the laws of HQ Country without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of HQ Country for the purpose of resolving any dispute relating to this Agreement. Any and all disputes arising out of this Agreement shall be brought before a court within the district where hivelighter Inc. is located. You further agree to waive any defense based on lack of personal jurisdiction, inconvenient forum, venue, or other similar principles. You further agree that a judgment entered by a court of HQ Country is enforceable in the country of your residence. “HQ Country” is the state where hivelighter Inc. designates as the place of its headquarter at any time during a controversy exists between hivelighter Inc. and you; provided that hivelighter Inc. may re-designate it from time to time within its sole discretion by notifying you of such change(s) and appropriate government agency, if required.