Welcome to Hive! This Agreement sets out the terms on which TicketLabs Inc. operating as Hive ("Hive" "we" "us") will make its website www.hive.co (the "Website") and platform features for engagement and interaction with musicians and bands (each an "Artist") and other music fans available to you together with access to musical content, details of upcoming concerts and other music-related news and features offered by Artists through the Website from time to time (collectively the "Services").
1. Getting Started.
2. Licence Grant.
a. Website and Service. Hive hereby grants you the non-exclusive, royalty-free right to access and use the Website and the Services subject to compliance with the terms hereof including without limitation the Conduct Rules in Section 4. This license is personal to you and You are responsible for keeping your password secret and secure. You are also responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
3. Service Features.
a. Connecting with Artists. Through the Services you will be able to access and/or view content provided by Artists including any data, text, files, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Artist Content"). Artists will also be able to engage with you privately by sending messages to you through the Website, SMS, email, social media and other methods if you have interacted on an Artist's page or become a fan of that Artist through interacting with Artist Content. You will not be able to initiate contact but you will be free to respond to any messages once you have opened communication with them. Hive is not responsible for and accepts no liability in relation to your private communications with any Artist. Hive reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users of the Services. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
b. Broadcasting Content through the Services. You can share content with Artists (and other fans) through the Website including data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Your Content") that you submit, post or display on or via the Services. Your Content must adhere to the rules for posting content as further described in Section 5 below. Hive reserves the right but has no obligation to screen Your Content to review, flag, filter, modify, refuse or remove any or all of Your Content or not publish or otherwise distribute Your Content through the Services at any time with no liability to You or any other person.
c. Analytics. Your engagement with Artists will be visible to them in their Artist dashboard and you may appear in rankings according to popularity of postings. Artists will be able to see a variety of information obtained through the Services and/or combined with information from social networks, including, your name (or username), age, location and level of engagement with their content and ads on the Website together with Your Content that you have posted.
4. Conduct Rules.
You acknowledge and agree that You are solely responsible for any content that You provide using the Services and you represent and warrant that You will upload and distribute only content which is appropriate and does not breach the following restrictions in this Agreement.
In using the Website and Hive Service You agree that You will not:
a. copy or distribute any part of the Website (including any content generated by other users or Artists (“User Content”) without our prior consent or the consent of the relevant end user (where related to User Content);
b. alter or modify any part of the Website;
c. upload, post, email, transmit or otherwise make available on the Website or through the Services:
i) any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic (including nude or partially nude images) or sexually suggestive images, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable,
ii) any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm other users in any way;
iii) any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
iv) any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or visitors to the Website or that compromises another user's privacy;
d. impersonate any person or entity or misrepresent their affiliation with a person or entity;
e.interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
f. collect or store personal information about other users or viewers of the Services; or
g. resell the content of the Website, the use of the Website or access to the Website or the content of the Website.
5. Advertising, Links to Third-Party Websites & Content.
Some aspects of the Services is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Hive may place such advertising and promotions on the Services or on, about, or in conjunction with Your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. This Website may also contain links to other websites that are not owned or controlled by Hive. Hive is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Hive websites does not imply that Hive endorses or accepts any responsibility for the content or use of such websites. You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.
6. Content Generally.
If You provide Hive with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Hive Service, Hive may use such Feedback in the Website or in any other Hive prod"cts or services (collectively, "Hive Offerings"). Accordingly, You agree that: (a) Hive is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Hive, (c) Hive (including all of its successors and assigns and any successors and assigns of any of the Hive Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Hive Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Hive or any of the users of the Website.
a. Termination by You. You can deactivate your Hive account by emailing us at firstname.lastname@example.org and requesting that we do so. If we terminate your access to the Services or you request that we do so, your Content will no longer be accessible through your account and Artists will not be able to navigate to your username and contact you through the Services. However, some of Your Content may persist and appear within the Services (e.g., if Your Content has been reshared by others or was visible on an Artist's page) and information which Artists already have about you may be used by them in future outside of the Website.
THE INFORMATION AND MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, HIVE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HIVE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. HIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND HIVE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
10. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL HIVE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Because Hive does not supervise or control interactions between Artists and end users like You and because Hive has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website and User Content, You agree that You bear all risk and you agree to release Hive (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services and your interactions with Artists through the Services. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Information sent or received over the Internet is generally unsecure and Hive cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
13. Copyright and Trademark Information.
This Website, and the information and materials that it contains, are the property of Hive and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Hive product names and logos are trademarks of TicketLabs Inc. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Hive. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
14. Availability and Changes to the Services or Website.
Although it is Hive's intention for the Services and Website to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Hive reserves the right to alter, suspend, or discontinue this Website and/or the Services at any time and for any reason or no reason without any liability to You. In such cases, Hive will endeavour to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Hive may periodically add or update the information and materials on this Website without notice.
15. General Provisions.
Last Updated: June 16, 2015