PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
These Terms of Service are an Agreement made between you the user, and ihiveLIVE Inc. (“ihiveLIVE” or “IHL”).
By registering with ihiveLIVE, you become ihiveLIVE member (a "Member"), and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. You agree that membership in or access to ihiveLIVE has value, and that value is adequate consideration for you entering this Agreement.
The terms and conditions of this Agreement are subject to change by us at any time, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of this agreement on the service.
IHL is the owner of the systems used for the ihiveLIVE Service and the provider of the underlying ihiveLIVE™ network hive. IHL originated and has developed the ihiveLIVE network.
ihiveLIVE is an online consumer portal where the user chooses the products, services and merchants that they want to receive advertising offers from. The Member and a charity or other cause selected by the Member receive a portion of the revenue that is generated from the ads and offers that they will see and the purchases they will make from participating merchants. For more information see our Frequently Asked Questions.
ihiveLIVE is comprised of the main website ihiveLIVE.com, and sub-sites (“sub-ihiveLIVE’s”) created for the use of individual charities or not-for profit entities (“Affiliates”) who desire to have their members participate in ihiveLIVE through their private member portal. If you register for inclusion in an Affiliate’s sub-ihiveLIVE, you are required to provide information about yourself relevant to acceptance to membership in that sub-ihiveLIVE and relevant to the purpose of the disclosure and to abide by any additional terms and conditions required by that Affiliate as a condition of such membership.
The entire site contents on ihiveLIVE are copyrighted, patented, or otherwise protected intellectual property owned by ihiveLIVE and other content creators who have licensed their content for inclusion on the ihiveLIVE sharing platform. All content is exclusively for private, personal use and is not to be redistributed in any form other than as expressly allowed by these Terms of Service.
ihiveLIVE may receive compensation for referring buyers to the retailers, brands, merchants and other partners participating in this program and other web portals through which cash back programs are offered (“Cash Back Revenue”). ihiveLIVE may also receive compensation from advertisers (“Advertising Revenue”).
Part of the ihiveLIVE community model is to allocate a portion of its net revenue* to the Members of ihiveLIVE (“Revenue Share”). There is no cost to be a Member of ihiveLIVE, and ihiveLIVE also provide the means for individuals to “give back to their community” in a variety of ways.
*Net revenue equals gross revenue earned by ihiveLIVE from Cash Back Revenue and Advertising Revenue and actually received, less ihiveLIVE’s costs (operating costs such as administration, marketing, sales, technology and hosting services, and third party fees and commissions).
Of the share of net revenue that a Member may receive, ihiveLIVE’s default setting provides that 50% is for them to personally use, while the other 50% is re-directed to the ihiveLIVE charity(s) or cause(s) of their choosing. The Member may also decide to keep none of the revenue for themselves and direct all of it to specific charity(s) or cause(s).
The share of net revenue to be allocated to ihiveLIVE Inc. and to Members and their charity(s) or cause(s) will be posted on the ihiveLIVE.com website from time to time. ihiveLIVE reserves the right to prospectively amend the allocation of net revenue for sharing as and when ihiveLIVE deems necessary or appropriate, in its discretion.
Participation in this program and the opportunity to earn cash are offered at the sole discretion of ihiveLIVE and subject to your compliance with this Agreement.
Cash Back Revenue is earned on your net purchase amount, which excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Amounts vary by store and product category and may contain exclusions in the terms of the offer and/or the applicable store page. Please review these terms carefully.
All purchases of products and services from any third-party store (“3P Store”) is governed by and subject to the applicable 3P Store policies, including applicable exchange and shipping policies. You agree that ihiveLIVE are not agents of any 3P Store and that the 3P Stores operate independently and are not under ihiveLIVE’s control. Accordingly, your participation in offers or promotions of, or correspondence with, any 3P Store is solely between you and that 3P Store. ihiveLIVE do not assume any liability, obligation, or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. ihiveLIVE is not responsible for changes to, or discontinuance of, any 3P Store, or for any 3P Store’s withdrawal from ihiveLIVE’s program, or for any effect on accrual of cash to the Member caused by such changes, discontinuance or withdrawal.
As a condition of payment of any share of net revenue, you must: (i) establish and maintain an Active Account** with ihiveLIVE; (ii) provide a valid email address at which you are able to receive email; (iii) provide a password to protect your Account; and (iv) provide a physical address. If you elect to receive payment via PayPal, you must provide a valid PayPal email address and not use a PayPal account associated with another program account. A single PayPal email address cannot be connected to multiple program accounts.
The minimum payment amount for any share of net revenue is $10.01. Balances below $10.01 remain in your Active Account for potential payment during the next payment period. Company pays members in Canadian dollars via check, PayPal or other payment options as Company may make available from time to time. Members may select or change their payment options in the account settings through the Company Properties. Company pays its Members approximately quarterly, approximately 60 days after the end of each calendar quarter, in accordance with the payment schedule below.
In ihiveLIVE’s sole discretion, we may deduct Cash Back from your account to adjust for returns and cancellations with respect to your purchases through ihiveLIVE’s program. Any such adjustments will be made in accordance with this Agreement, any applicable company policies and terms, the terms of the 3P Store and any and all applicable laws, rules and regulations. The determination of whether a purchase made through a 3P Store qualifies for Cash Back is at the sole discretion of ihiveLIVE. If a 3P Store fails to report a transaction to ihiveLIVE or fails to make payment to ihiveLIVE for any reason, ihiveLIVE reserves the right to adjust its accounting of net revenue and cancel the amount of cash associated with that transaction. It is your responsibility to check your account regularly to ensure that ihiveLIVE has provided you proper credit and payment. If you believe that ihiveLIVE has not credited you with a payment for a purchase you made through ihiveLIVE’s program, you must contact ihiveLIVE within ninety (90) days of the transaction. In addition, ihiveLIVE may make account adjustments for any transaction that ihiveLIVE, in its sole discretion, deems as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with its program terms, those of its referral principals, this Agreement or any other applicable law or regulation. ihiveLIVE decisions are final. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the ihiveLIVE program.
You may be taxed on your receipt of net revenue cash from ihiveLIVE depending on the tax laws of federal, provincial, and local jurisdictions. You will be solely responsible for any and all tax liability arising out of the consideration received by you.
** An Active Account means you must have engaged in one of the following activities within the past twelve (12) months: (i) updated your account information, (ii) have shopped or started a shopping trip via ihiveLIVE’s website, (iii) have accrued a share of net revenue or (iv) have logged in to your ihiveLIVE account. Except where prohibited by applicable law, if you have not engaged in one of the activities in subsections (i)-(iv) for more than twelve (12) consecutive months, ihiveLIVE reserves the right to debit your Account balance two dollars ($2.00) per month (“Maintenance Fee”) to recover the cost of account maintenance in its normal course of business until you reactivate your account by engaging in one of the activities set forth above in subsections (i)-(iv) or until your account balance is zero. If your account remains inactive for more than twelve (12) consecutive months and the balance in your inactive account is or becomes zero, ihiveLIVE reserves the right to close the account permanently and cease to maintain your account records and program access. Maintenance Fees are nonrefundable but will not cause your account balance to become negative, and will not cause you to owe money to ihiveLIVE.
Membership is restricted where prohibited by law. ihiveLIVE is intended solely for individuals of age to consent to the terms and conditions. Any registration by use of or access to ihiveLIVE by anyone under age, is unauthorized, unlicensed, and in violation of these Terms of Service. By becoming a Member, you represent and warrant that you are of age to consent or older and that you agree to and will abide by all of the terms and conditions of these Terms of Service.
ihiveLIVE does not knowingly collect or solicit personal information from anyone under the age to accept the stated terms and conditions or knowingly allow such persons to register. By registering you are confirming that you are of age to accept the terms and conditions in your jurisdiction. If you are not of age to accept these terms, please do not attempt to register for ihiveLIVE or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from an individual who is not of age to consent to these terms and we are notified, we will delete that information as quickly as possible. If you believe that we might have any information from or about an individual under the age required to consent, please contact us at email@example.com
Your membership in ihiveLIVE begins when you have completed an on-line membership application that has been accepted by ihiveLIVE, and you have received a "notice of membership activation", which will be sent by email or cellular text message.
This Agreement will remain in full force and effect while you are a Member. You may terminate your Membership at any time via the website or by sending ihiveLIVE written or email notice of termination. ihiveLIVE may cancel your membership with or without notice to you. Your membership in ihiveLIVE and rights under these Terms of Service terminate automatically if you violate the Terms of Service and this will be at the sole discretion of ihiveLIVE.
In the event that (a) you terminate your subscription or membership or (b) ihiveLIVE determines, in our sole discretion, that you have violated this Agreement, you shall not be entitled to, nor shall ihiveLIVE be liable to you for, any refund of any unused portion of any subscription payments ihiveLIVE have received from you, and ihiveLIVE may continue to bar your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
Membership or any service, including services provided at no charge by ihiveLIVE, may be modified, suspended, or cancelled at any time by ihiveLIVE, and your profile and any content posted by you may be deleted at any time, and for any reason, or for no reason, at the sole discretion of ihiveLIVE with or without notice to you. You agree that ihiveLIVE will not be liable for any damages you sustain as the result of any Service or any aspect of ihiveLIVE being canceled or altered. Services that may have been provided at no charge may become available only as part of a paid subscription. Any such change may occur without any notice to you, the user of the Service. You will not be charged anything for any service provided through ihiveLIVE without your knowledge and express consent.
Among other things:
When and if you register to become a Member, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on ihiveLIVE ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to ihiveLIVE through ihiveLIVE, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) not assign or otherwise transfer your account to any other person or entity and (e) be fully responsible for all use of your account and for any actions that take place using your account.
You must notify ihiveLIVE immediately on discovering any unauthorized use of your account. Usernames and passwords are the property of ihiveLIVE who may alter or replace them at any time. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, ihiveLIVE may terminate this Agreement and your use of the Service and, in such event, you shall not be entitled to a refund of any unused subscription fees. Although we aim to verify the accuracy of the information provided by Members, ihiveLIVE does not verify information in profiles, and it has no control over, does not guarantee, and are not responsible for the quality, truth, accuracy, legality or safety of Members.
As a Member, you acknowledge that ihiveLIVE is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through, or otherwise posted, transmitted, or shared by you on or through ihiveLIVE will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use ihiveLIVE to:
You also are bound by our Community Standards, which are incorporated by reference herein.
You acknowledge that information sent or received over the Internet is generally unsecure and ihiveLIVE cannot and does not make any representation or warranty concerning security of any communication to or from ihiveLIVE or any representation or warranty regarding the interception by third parties of personal or other information.
You acknowledge that advertisements in various forms will, from time to time, appear within, adjacent to, or as content included within on ihiveLIVE. You also acknowledge you will receive advertisements through email and cellular text messages as a result of your membership in ihiveLIVE. Your participation or response to any advertising on or through ihiveLIVE is solely between you and the advertiser. You agree that ihiveLIVE is not responsible for any loss or damage as a result of your dealings with or as a result of the presence of any advertising you receive on or through ihiveLIVE.
Advertisers are required to accept our Terms for Advertisers.
ihiveLIVE may include certain services that are available via your mobile phone, including: (i) the ability to receive content and advertisements via your mobile phone, (ii) the ability to browse ihiveLIVE from your mobile phone, and (iii) the ability to access certain iHive features and services through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on ihiveLIVE.
To access Mobile Services through an application (an “App”), you will be required to accept the end user agreement for that App. Apps and their underlying information and technology may not be exported or re-exported into any country to which the U.S. or Canada has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or any persons or entities named in the Schedules to the Special Economic Measures (Ukraine) Regulations, SOR/2014-60; Special Economic Measures (Russia) Regulations, SOR/2014-58; or the Freezing Assets of Corrupt Foreign Officials (Ukraine) Regulations, SOR/2014-44 or any similar regulations. You represent and warrant that you are not located in, under the control of or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
ihiveLIVE does not presently charge for these Mobile Services. It reserves the right in future to charge for Mobile Services. Your carrier's normal messaging, data and other rates and fees will still apply to use of Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that ihiveLIVE may communicate with you regarding ihiveLIVE and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile telephone number, you agree to promptly update your ihiveLIVE membership information to ensure that your messages are not sent to the person that acquires your old number.
ihiveLIVE may offer various services constituting electronic commercial messages including, without limitation, alerts, contests, sweepstakes and offers for products or services. You may choose to receive mobile alerts by signing up or entering a mobile promotion. Terms of service for any third party supplied messaging services will be made available to you by the third party. You will have the right to opt out of any such mobile messaging service by replying with a “STOP” message to such alert or to the short code provided. Further detail will be made available if any such service is provided to you.
You acknowledge and agree that any fees or charges, including, but not limited to, the costs for sending or receiving text messages, downloads, updates, emails, or any other data transmission or use costs, incurred while using or receiving messages or advertisements from ihiveLIVE, charged by or through any mobile operator, carrier, or other service provider are your sole responsibility.
If you make a payment to ihiveLIVE in respect of or otherwise on or through the use of ihiveLIVE, you agree to our Payment Terms.
The terms IHL, ihivelive, ihiveLIVE, ihiveLIVE.com, and other brand related graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, or trade dress of IHL in Canada.
The term “ihiveLIVE and associated” graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks, or trade dress of IHL in Canada. IHL’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ihiveLIVE .
ihiveLIVE prohibits users from uploading, posting or otherwise transmitting on or through ihiveLIVE any materials that violate another party's intellectual property rights. When ihiveLIVE receives proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material pending a further investigation by ihiveLIVE. If ihiveLIVE finds, in its sole discretion, that an infringement of intellectual property rights occurred, it will take reasonable steps to stop the infringement and will terminate the accounts of repeat infringers. If you believe that any material on ihiveLIVE infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent (whose contact information is provided below), together will all information for ihiveLIVE to confirm the validity of the property right alleged to have been violated, determine the location of the alleged improper uploaded material, posting or other transmission, and the information needed to contact the alleged aggrieved party.
Through access to or membership in ihiveLIVE, ihiveLIVE or third parties may provide links to other World Wide Web sites, utilities, or resources, including online sales of goods and or services (“Third Party Sites”) as well as advertisements, applications, information, pictures, text, graphics, articles, video, software and other content belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by ihiveLIVE. Because ihiveLIVE has no control over such sites and resources, you acknowledge and agree that ihiveLIVE is not responsible for the availability of such external sites or resources, and does not endorse or warrant in any manner, and is not responsible or liable for any content, advertising, products, utilities or other materials on or available from such sites or resources. You further acknowledge and agree that ihiveLIVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. If you access download, view, utilize, or rely on any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to from ihiveLIVE or that relates to any Third Party Applications, Software or Content you use or install. And, by all means, you should install, maintain, and frequently update security software to protect your computer from viruses, spyware, and other noxious programs you may encounter through ihiveLIVE or otherwise.
Part of ihiveLIVE’s business model is to serve advertising to its Members. The content of that advertising, its serving to Members, and its placement, may be beyond ihiveLIVE’s control. While we may attempt to direct advertising content intended to be relevant to a Member, we cannot assure Members that all advertising content served to a Member will be to a Member’s liking, or that all such content will not be offensive to a particular Member. You agree ihiveLIVE is not liable to you for the results or any consequential damages of serving any advertising content to you.
You acknowledge that by using any Third-Party Site, such third party’s Terms of Service shall apply to your use. If you do not agree to such Terms of Service, you are not authorized by the third party to use their site.
All content on and available through ihiveLIVE, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (ihiveLIVE Content"), are the proprietary property of ihiveLIVE, or its licensors with all rights reserved. No ihiveLIVE Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ihiveLIVE’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on ihiveLIVE . Provided that you are eligible for use of ihiveLIVE, you are granted a limited license to access and use ihiveLIVE Content and to download or print a copy of any portion of ihiveLIVE Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish iHive Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of iHive Content is strictly prohibited. Such license is subject to the Terms of Service and does not permit use of any data mining, harvesting, robots, scraping or similar data gathering or extraction methods. Any use of ihiveLIVE Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
You are solely responsible for the profiles (including your name and/or user name, image, and likeness), messages, notes, comments, text, information, graphics, photos, audio, video, invitations and events and other content that you upload, publish or display on or through ihiveLIVE, or transmit to or share with other users (collectively the "User Content").
You may not post, transmit, or share User Content on ihiveLIVE that you did not create or that you do not have permission to post. You understand and agree that ihiveLIVE may, but is not obligated to, review ihiveLIVE and may delete or remove (without notice) any ihiveLIVE Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of ihiveLIVE violates the Terms of Service, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on ihiveLIVE or provide to ihiveLIVE.
When you post or submit User Content to ihiveLIVE or generate or manipulate User Content on ihiveLIVE, (regardless of the form or medium with respect to such content), you automatically grant (or warrant that the owner of such materials expressly grants) IhiveLIVE and its affiliates and licensors and service providers a world-wide, perpetual, royalty-free, irrevocable, non-exclusive, sublicensable and transferable right and license to use, store, adapt, modify, delete from, add to, transmit, communicate, publicly display and perform, reproduce and translate, distribute, prepare compilations and derivative works from the User Content in connection with ihiveLIVE’s Services and ihiveLIVE’s and its service provider’s (including its and their respective successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ihiveLIVE Services (and derivative works thereof), and for promoting ihiveLIVE, in any media formats and through any media channels. By way of example, you authorize ihiveLIVE to publish and display your User Content on websites or mobile sites or in a virtual or augmented reality environment for you and others to enjoy, to edit your User Content, to spatially place your User Content in relation to other content, to create blended and interpolated content, collages, and other collective works and compilations. Without limiting the generality of the foregoing, with respect to any audio or video submissions to ihiveLIVE made by you from time to time, you understand and agree that (unless you and ihiveLIVE agree otherwise) ihiveLIVE may, or may permit users to, based solely on functionality provided and enabled by our services, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other third party Content, and (unless you and ihiveLIVE agree otherwise) you shall have no rights with respect thereto and ihiveLIVE or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. The rights and licenses granted by you will apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all “moral rights” in your Content, including all rights of attribution and publicity have been waived or assigned to ihiveLIVE and its Customer for the purposes of this Agreement. ihiveLIVE can continue to use your User Content in these ways if you cease to be a Member. You further agree that ihiveLIVE has the right to delete or otherwise edit any User Content that you post to the services at its sole discretion. You authorize and direct ihiveLIVE to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content on ihiveLIVE. By registering as an ihiveLIVE Member and/or posting User Content to any part of ihiveLIVE, you automatically grant, and you represent and warrant that you have the right to grant, to ihiveLIVE an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to copy, use, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with ihiveLIVE or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize third party sub licensees the same rights. You may terminate your ihiveLIVE membership and remove your User Content from ihiveLIVE at any time. If you choose to do so, the license granted above will automatically expire, however you acknowledge and consent that BHL may retain archived copies of your User Content for a reasonable period of time, and that User Content that has been shared with others may not be deleted from ihiveLIVE unless all persons with whom that content was shared have deleted that User Content, and you acknowledge that ihiveLIVE has no obligation to require such persons to delete any such User Content.
ihiveLIVE does not assert any ownership over your User Content; rather, as between ihiveLIVE and you, subject to the rights granted to ihiveLIVE in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
ihiveLIVE is an open community by its nature. While you maintain your own privacy settings, the community is designed to provide all members with an open and collaborative network. When you publish content on ihiveLIVE in any location it means that you may be allowing everyone, including the general public with access to the relevant location to access.
When you agree to use an application, your content and information is shared with the application. Your acceptance to use that application is by its nature an agreement to share your information with a third party.
Other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
As a condition of use, you understand and agree that ihiveLIVE is not required to post any submission, and may at its full discretion approve, deny or delete any material it feels is not of the moral, ethical or general standard of ihiveLIVE.
You agree that any and all content posted by you on ihiveLIVE will be family friendly and not considered objectionable for adults, children or the general public, or any Affiliate with whom your membership in ihiveLIVE is connected.
You are solely responsible for your interactions with other users. ihiveLIVE reserves the right, but has no obligation, to monitor disputes between you and other users.
You agree ihiveLIVE is not responsible or liable to you in any manner for any User Content or Third Party Applications, Software, or Content posted on ihiveLIVE or ihiveLIVE in connection with any service or utility provided by or through ihiveLIVE, whether posted or made accessible by users of ihiveLIVE, by ihiveLIVE, by third parties or by any of the equipment or programming associated with or utilized in ihiveLIVE . Although ihiveLIVE provides rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on ihiveLIVE and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on ihiveLIVE or in connection with any User Content or Third Party Applications, Software or Content. ihiveLIVE is not responsible for the conduct, whether online or offline, of any user of ihiveLIVE.
ihiveLIVE may be temporarily unavailable from time to time for maintenance or other reasons. ihiveLIVE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, ihiveLIVE Members or user communications. You agree ihiveLIVE may not be held liable for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any iHive or combination thereof, including injury or damage to your or any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with ihiveLIVE . Under no circumstances will ihiveLIVE be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of ihiveLIVE, any User Content or Third Party Applications, Software or Content posted on or through ihiveLIVE or the Service or transmitted to Users, or any interactions between users of ihiveLIVE, whether online or offline.
ihiveLIVE AND ANY SERVICE ASSOCIATED THEREWITH (INCLUDING MESSAGING, ALERTS, OR MOBILE SERVICES), AND ihiveLIVE CONTENT ARE PROVIDED “AS-IS” AND ihiveLIVE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ihiveLIVE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF ihiveLIVE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. ihiveLIVE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON OR COMMUNICATIONS DIRECTED THROUGH OR IN CONJUNCTION WITH ihiveLIVE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR FREE OF ERROR OR THAT ihiveLIVE IS FREE OF ERROR, VIRUSES, OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN RELYING ON ANYTHING RECEIVED THROUGH OR IN CONJUNCTION WITH ihiveLIVE AND THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, MESSAGES, DATA OR SOFTWARE (INCLUDING ANY MOBILE SERVICES) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ihiveLIVE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAMS, CONTENT OR PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT OR SERVICE SEARCH RESULTS, PRODUCT OR SERVICE DESCRIPTIONS, AVAILABILITY, PRICING INFORMATION, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM. ihiveLIVE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS 3P STORES IN CONJUNCTION WITH THE PROGRAMS OR THE MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, QUALITY, QUANTITY, OR NON-INFRINGEMENT OF ANY PRODUCTS OR SERVICES OFFERED BY 3P STORES.
IN NO EVENT WILL ihiveLIVE OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, LICENSORS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR MEMBERSHIP IN OR USE OF ihiveLIVE OR ANY RELATED SERVICE, OR ANY ihiveLIVE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM ihiveLIVE, EVEN IF ihiveLIVE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ihiveLIVE’s LIABILITY TO YOU FOR ANY CAUSE OR CLAIM WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $50 AND THE AMOUNT YOU RECEIVED AS A SHARE OF NET REVENUE FROM ihiveLIVE IN THE PAST FOUR YEARS, UNLESS OTHERWISE REQUIRED BY LAW, AND YOU SHALL NOT BE ENTITLED TO ADDITIONAL DAMAGES OF ANY KIND FROM ihiveLIVE, REGARDLESS OF THE CIRCUMSTANCES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, EQUITY, OR OTHERWISE.
CERTAIN STATE OR PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTEES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By accessing or becoming ihiveLIVE Member, you agree that the laws of the Province of Ontario, without regard to principles of conflict of laws, will govern the application of the Terms of Service and any dispute of any sort that might arise between you and ihiveLIVE or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the Province of Ontario and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to and jurisdiction in the province of Ontario.
ihiveLIVE would like an opportunity to address your concerns without a formal legal case. Before filing a claim against ihiveLIVE, you agree to try to resolve the dispute informally by submitting your request to us by email or through the Contact page of the ihiveLIVE.com website. ihiveLIVE will try to resolve the dispute informally by contacting you in writing via email. If a dispute is not resolved within 30 days of submission through this form, you or ihiveLIVE may bring a formal proceeding.
To the extent permitted by your local law, in the sole discretion of ihiveLIVE, any claim or dispute, including an action filed in a court of competent jurisdiction, may be resolved by arbitration. ihiveLIVE reserves the right to invoke the requirement to arbitrate whenever it so desires. You agree that if ihiveLIVE invokes its right to arbitration, you will dismiss any claims pending in court against ihiveLIVE, its licensors, its subsidiaries and affiliates, and initiate a separate arbitration action, regardless of whether ihiveLIVE, its licensors, its subsidiaries and/or its affiliates are the only defendants named in the court action. You will be responsible for any filing fee necessary to commence the arbitration. This constitutes your consent and agreement to arbitration.
This agreement to arbitrate includes any claims against ihiveLIVE’s employees, agents or any of its subsidiaries. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in provincial or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts.
To the extent permitted by your local law, all disputes concerning the arbitrability of a claim (including disputes about the scope, interpretation, breach, applicability, enforceability, revocability or validity of this Agreement) shall be decided by the arbitrator. The arbitrator shall also decide whether any claim is subject to arbitration. You further agree that the law of the province or territory in which you reside shall govern the interpretation and enforcement of this agreement to arbitrate.
CLASS ACTION WAIVER: YOU AND ihiveLIVE ALSO AGREE THAT, TO THE EXTENT PERMITTED BY YOUR LOCAL LAW, EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
This means that neither you nor ihiveLIVE can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and ihiveLIVE further agree that if the provisions of this paragraph, known as the “Class Action Waiver,” are found to be unenforceable, it cannot be severed from this arbitration agreement and the entire provision compelling arbitration shall be null and void.
To the extent possible under your local law, the arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that should ihiveLIVE prevail in any claim, action, suit, or dispute with you, ihiveLIVE shall be entitled to an award of its lawyers’ fees and related expenses.
The location of the arbitration shall be in the City of Toronto, in the province of Ontario, to which you consent.
In no event shall any claim, action or proceeding by you related in any way to ihiveLIVE (including your visit to or use of ihiveLIVE and/or the Service) be instituted more than one (1) year after the cause of action arose.
Notwithstanding anything to the contrary, nothing in this Agreement will prevent ihiveLIVE from seeking injunctive or other equitable relief or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter.
If you violate this Agreement by sending unsolicited bulk email, solicitations, advertisements, or other communications for a commercial purpose or any other unsolicited communications of any kind to other Members using either ihiveLIVE or information you obtained by use of ihiveLIVE, you harm ihiveLIVE’s relationship with its Members, licensors, business partners, and others with which it has a business relationship. You agree that it is difficult to place a value on the harm that will be caused by a violation of this provision, and you therefore agree that a reasonable estimation of such harm is $75.00 per each unsolicited email you sent to Members in violation of his provision. You agree to pay to ihiveLIVE $75.00 as liquidated damages for each unsolicited email you sent to Members in violation of this provision.
You agree to indemnify and hold ihiveLIVE, its advertisers, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through ihiveLIVE (including through any share service), your use of the Service or the Site, your conduct in connection with the Service or ihiveLIVE or with other users of the Service or ihiveLIVE, or any violation of these Terms of Service or of any law or the rights of any third party.
SPECIAL PROVISIONS FOR MEMBERS OUTSIDE THE UNITED STATES AND CANADA
To the extent any local laws in your jurisdiction require these Terms of Service to be modified to comply with local laws pertaining to your use of ihiveLIVE, these Terms of Service are deemed so amended to the extent so necessary.
You consent to having your personal data transferred to and processed in Canada.
You will comply with all applicable export control laws in respect of your use of ihiveLIVE.
If you are located in a country embargoed by Canada, you will not engage in commercial activities on ihiveLIVE (such as advertising or payments) or in connection with ihiveLIVE's service.
The parties hereto declare that they have required that these presents and all other documents related hereto be in the English language. Les parties aux présentes declarent qu'elles ont demandéque les présentes ainsi que tous les autres documents s'y rattachant (soient rédigès en anglais).
If you have any questions about these Terms of Service, please direct them to ihiveLIVE’s Designated Agent at firstname.lastname@example.org.
Copyright © 2020 ihiveLIVE Inc.
Last Updated: June 11, 2020