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Terms of Use

Last updated on 2023-10-18


These Terms of Use govern your access to and use of our website, including all content, articles, and posts provided by The HyperHive. By accessing or using our website, you agree to comply with these terms and conditions. If you do not agree with any part of these Terms of Use, please refrain from using our website.

License

The HyperHive grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the website strictly in accordance with the terms of this Agreement.

These Terms of Use are a contract between you and The HyperHive (referred to in these Terms of Use as “The HyperHive”, “us”, “we” or “our”), the provider of the The HyperHive website and the services accessible from the The HyperHive website (which are collectively referred to in these Terms of Use as the “The HyperHive Service”).

You are agreeing to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the The HyperHive Service. In these Terms of Use, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Use, we reserve the right to cancel your account or block access to your account without notice.

Definitions and Key Terms

To help explain things as clearly as possible in this Terms of Use, every time any of these terms are referenced, are strictly defined as:

  • Content: without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
  • Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
  • Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to MetDaan, (15 Prince’s Street, Tralee, Co. Kerry, Ireland V92 YY15), which is responsible for your information under this Terms & Conditions.
  • Country: where The HyperHive or the owners/founders of The HyperHive are based, in this case is, Ireland.
  • Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit The HyperHive and use the services.
  • Service: refers to the service provided by The HyperHive as described in the relative terms (if available) and on this platform.
  • Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
  • Website: The HyperHive’s site, which can be accessed via this URL: https://thehyperhive.com/
  • You: a person or entity that is registered with The HyperHive to use the Services.

User Content

All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent to us that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your actions. We do not guarantee that any content you access on or through the Services is or will continue to be accurate or available.

Intellectual Property

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by The HyperHive, its licensors or other providers of such material and are protected by and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of The HyperHive, unless and except as is expressly provided in these Terms of Use. Any unauthorized use of the material is prohibited.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by this User Agreement. You are responsible for all of your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
  2. you know is false, misleading, untruthful, or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including any of our employees or representatives; or
  7. includes anyone’s personal data (as defined in our Privacy Policy), identification documents, or other sensitive information, without having their prior consent.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You must abide by all applicable local, state, national, and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this User Agreement, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to The HyperHive with respect to the website shall remain the sole and exclusive property of The HyperHive.

The HyperHive shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Your Consent

We have updated our Terms of Use to provide you with complete transparency into what is being set when you visit our site and how it is being used. By using our website or subscribing, you hereby consent to our Terms of Use.

The HyperHive may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content or practices of these third-party sites and disclaim any liability for their actions. Please remember that when you use a link to go from the Services to another website, our Terms of Use are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you. We encourage you to review the terms of use and privacy policies of any third-party sites you visit through our website.

Cookies

The HyperHive uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Third-Party Services

We may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that The HyperHive shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The HyperHive does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Changes to Our Terms of Use

You acknowledge and agree that The HyperHive may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform The HyperHive when you stop using the Service. You acknowledge and agree that if The HyperHive disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which is contained in your account.

If we decide to change our Terms of Use, we will post those changes on this page, and/or update the Terms of Use modification date below.

Modifications to Our Website

The HyperHive reserves the right to modify, suspend, or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Updates to Our Website

The HyperHive may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that The HyperHive has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

Termination

This Agreement shall remain in effect until terminated by you or The HyperHive.
The HyperHive may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from The HyperHive, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of The HyperHive’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

User Submissions

While we encourage user engagement, any content or information you submit to The HyperHive, including comments or feedback, must comply with our guidelines and be lawful and non-infringing. By submitting content, you grant The HyperHive a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, reproduce, and distribute that content for any purpose.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Warranty Disclaimer

The HyperHive provides content on an “as is” basis without any warranties or representations. The website and all content, materials, information, products, and services provided on or through this website are provided on an ‘as is’ and ‘as available’ basis, without any warranties or representations of any kind.

We make no warranties or representations, express or implied, including but not limited to the accuracy, reliability, completeness, or timeliness of the content on this website. We disclaim any warranties or representations regarding merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights.

We do not warrant that this website will be secure, error-free, uninterrupted, or free from viruses or other harmful components. We make no guarantees regarding the results that may be obtained from the use of this website or the accuracy or reliability of any information obtained through this website.

You acknowledge and agree that any reliance on the website or its content is at your own discretion and risk. We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your access to or use of this website or any errors or omissions in the content.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of The HyperHive and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall The HyperHive or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if The HyperHive or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by The HyperHive on the Services, shall constitute the entire agreement between you and The HyperHive concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and The HyperHive’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND The HyperHive AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to This Agreement

The HyperHive reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use The HyperHive.

Entire Agreement

The Agreement constitutes the entire agreement between you and The HyperHive regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and The HyperHive.

You may be subject to additional terms and conditions that apply when you use or purchase other The HyperHive’s services, which The HyperHive will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR The HyperHive’s INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and The HyperHive concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or The HyperHive must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected]. The HyperHive will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and The HyperHive will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or The HyperHive may commence arbitration.

Binding Arbitration

If you and The HyperHive don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of The HyperHive without any compensation or credit to you whatsoever. The HyperHive and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of The HyperHive. The HyperHive will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. The HyperHive operates and controls the The HyperHive Service from its offices in. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the The HyperHive Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & of Use (which include and incorporate the The HyperHive Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and The HyperHive concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

The HyperHive is not responsible for any content, code, or any other imprecision.

The HyperHive does not provide warranties or guarantees.

In no event shall The HyperHive be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The “The HyperHive” Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. The HyperHive is a distributor and not a publisher of the content supplied by third parties; as such, The HyperHive exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via the The HyperHive Service. Without limiting the foregoing, The HyperHive specifically disclaims all warranties and representations in any content transmitted on or in connection with the The HyperHive Service or on sites that may appear as links on the The HyperHive Service, or in the products provided as a part of, or otherwise in connection with, the The HyperHive Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by The HyperHive or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, The HyperHive does not warrant that the The HyperHive Service will be uninterrupted, uncorrupted, timely, or error-free.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Assignment

This User Agreement is personal to you and is not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

No Waiver

Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to enforce later that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Contact Us

Don’t hesitate to contact us if you have any questions.

  • Via Email: info@metdaan.com

By continuing to access and use The HyperHive, you acknowledge that you have read, understood, and agreed to these Terms of Use.

Please review our Privacy Policy for information on how we collect, use, and protect your personal data.

If you have any questions or concerns about these Terms of Use, please contact us at info@thehyperhive.com.

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