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Welcome to Hibe.
Our Terms of Service (this "Agreement") reflects our dedication to a philosophy based on respect and privacy. You control the environment of your social network. This Agreement describes your responsibilities, and ours to make it happen. If you have any questions regarding our service and this text, do not hesitate to contact us using the link at the bottom of the page.
Hibe services ("Hibe", the "Services") refer to the applications, platform, web sites, and services operated by Hibe Inc and its subsidiaries. ("us", "we", the "Company"). The following Agreement is a contract between you ("You", "User") and the Company. By visiting Hibe.com, using the Services, or by completing the registration process to use Hibe you agree to be bound by the Agreement subsidiariesas well as any linked policies incorporated into these terms by reference.
Hibe is only available to persons aged fourteen (14) years or over who have never been suspended or terminated from the Services by us. By registering for, using or accessing Hibe, you represent that you are fourteen (14) years or older and have never been suspended or terminated from the Services by us. If you have been suspended or terminated from any portion of the Services, you agree not to use any means (technical or otherwise) to circumvent or otherwise violate your suspension or termination.
We use a faceting technology ("Facets") to allow the User to display various aspects of his/her life. We are sensible to the age representation of each user. We may delete one or many of your Facets and terminate your account without warning if we believe that you are less than 14 years of age, if we believe that you are less than 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as less than 18.
Our Privacy Policy is hereby incorporated into this Agreement by reference. Please read this notice carefully for information relating to our collection, use, and disclosure of your personal information.
Important Disclaimers. You understand that when using Hibe you will be exposed to content from a variety of sources, and that we do not endorse and are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such postings, and other content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
You agree to: (a) provide true, accurate, current and complete information as prompted by Hibe registration process (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that your Registration Data contravenes this section, we have the right to terminate your participation in Hibe.
We provide you with the means to display and share content to others. If you elect to display or share material anywhere on Hibe, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, comments, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings") you disclose. You agree and warrant that any Postings you post on Hibe will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Postings.
Hibe is a utility that shares and displays your content based on rules you select and your preferences. The rights granted to us are done so only to provide the Services.
By furnishing Postings, you grant us a worldwide, non-exclusive, and royalty-free, including, but not limited to, display, reproduce, distribute, and prepare derivative works. You also acknowledge that Hibe.com visitors may post comments about your Postings, which may be derogatory, and that we have no obligation to monitor or delete any such postings.
You may remove your Postings from Hibe at any time. If you choose to remove your Postings, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your Postings for a period of up to 31 days. We do not assert any ownership over your Postings; rather, as between us and you, subject to the rights granted to us in this agreement, you retain full ownership of all of your Postings and any intellectual property rights or other proprietary rights associated with your Postings.
Please be aware that we do not and cannot monitor all of the Postings made to the sites, and therefore we will not be responsible for the content of any Postings. However, we do reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with Hibe standards of the site. If we elect to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will we be liable for any inaccuracy or defect in any Postings.
We likewise assume no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will we be liable for any activity or injury that may occur.
By using Hibe you agree not to:
Content posted on Hibe, including designs, text, graphics, pictures, video, information, applications, software, music, computer code (including source code or object code), sound, and all other elements of the Services provided by us (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.
Unless you are the copyright owner of such "Materials", or unless expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. We reserve all rights not expressly granted in this Agreement.
The third-party images, videos and text referenced, made accessible or made available to you on these pages or by means of Hibe are protected by the copyright and trademark laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; we cannot give you such authorization. We cannot guarantee that Hibe will not locate unintended or objectionable content and we accept no responsibility or liability for the content of any images or text included in any Hibe list or otherwise linked to by Hibe or for your use of such content. We reserve the right to remove any content without notice to you, any other user, or any third party.
Copyright Infringement in accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our site has designated an agent to receive notices of claims of copyright infringement: Copyright Dept, 800 West El Camino Real, Suite 180, Mountain View, California 94040, United States, copyright@hibe.com. For any infringement complaint, please follow the instruction described in the Notice of Claimed Infringement (pdf). We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party. You may need to obtain authorization of the owner of images made available via Hibe before using them; for authorizations to use an image, please contact the image owner as indicated on the source site, not us. We cannot give you authorization to use copyrighted images.
HIBE, BOOKLET, FACET and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company'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 the Company.
Hibe contains (or you may be sent through Hibe) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items 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, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install 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 from the Site or relating to any applications you use or install from the site.
You agree that we, in our sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of Hibe and any account (or any part thereof) you may have with us and remove and discard all or any part of your account at any time. You agree that any suspension or termination of your access to Hibe or any account you may have or portion thereof may be effected without prior notice, and you agree that we will not be liable to you or any third party for any such suspension or termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity. We may also in our sole discretion and at any time discontinue, change or limit access to the Services, or any functionality, feature or part thereof, with or without notice with no further liability to you. Your only remedy with respect to any dissatisfaction with the Services, the Agreement, any policy or our practice in operating Hibe, or any content or information transmitted through Hibe, is to terminate this Agreement and your account.
You have to option to report any Posting from Hibe that you believe inappropriate or in breach of this Agreement. The action of reporting does not automatically remove the reported Posting. We reserve the right to remove any Postings it deems, in our sole discretion, to be inappropriate or a breach of this Agreement or any Hibe use policy. We also reserve the right to cancel accounts that have been inactive for a long time or that are unconfirmed.
You are solely responsible for your interactions with other Hibe users.
You agree that, except as otherwise may be provided in this Agreement, the sole and exclusive forum and remedy for any and all disputes and claims against us arising out of this Agreement and the Services shall be final and binding arbitration, except in the case of claims of intellectual property infringement where you acknowledge that arbitration is not an adequate remedy. Any arbitration under this Agreement shall be conducted by the American Arbitration Association ("AAA") according to its Commercial Arbitration Rules and the AAA's Supplementary Procedures for Consumer Related Disputes ("Arbitration Rules"). The location of arbitration and the costs and fees for such arbitration shall be determined by, and subject to the limitations of, the Arbitration Rules. The arbitrator's ruling shall be binding on you and us and may be entered as judgment in any court of competent jurisdiction. You agree that any cause of action arising out of or related to this Agreement or the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF HIBE IS AT YOUR SOLE RISK. WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFLIATES, LICENSORS AND SUBCONTRACTORS) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, STATUTORY OR IMPLIED WARRANTIES AS TO THE OPERATION OF THE SERVICES OR THE CONTENT, MATERIALS, SERVICES OR PRODUCTS AVAILABLE ON THE SERVICES, AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING YOUR USE OR THE RESULTS OF YOUR USE OF THE SERVICES WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, QUALITY, LEGALITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF THE SERVICES OR ANY CONTENT, INCLUDING THIRD PARTY CONTENT, AVAILABLE THEREIN. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH ANY USER OF THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL ARBITRATION, COURT ACTION OR LEGAL DISPUTE, LOST REWARDS, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THAT WE ARE FOUND LIABLE DESPITE THE FACT THAT WE ARE MERELY A PLATFORM, THIS DISCLAIMER AND LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES BOUGHT, SOLD, TRADED, PUBLICIZED OR PROVIDED THROUGH THE SERVICES, OR OTHERWISE BY THIRD PARTIES.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
We only provide a platform, so if you have a dispute with one or more users, you release us (and our officers, directors, employees, agents, successors and assigns) from past, present and future claims, demands, damages (actual and consequential), rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of 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."
You agree to indemnify, save, and hold us, our affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of or related to your use or misuse of Hibe, any violation by you of this Agreement or any Hibe policies, any third party claims relating to your use of Hibe, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Hibe ("Submissions"), provided by you to us are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
This Agreement as well as any user policies incorporated into these terms by reference will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any claims that are outside of the arbitration clause of section 10, you expressly agree to personal jurisdiction and venue in the federal and state courts of Santa Clara County, California.
This Agreement constitutes the entire agreement between the parties with respect to your use of Hibe or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Agreement will be effective only if in writing and signed by us. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. If any provision of this User Agreement or any Hibe Policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
We may, at our discretion, change, modify, add, or remove portions of this Agreement at any time. Please check this Agreement periodically for changes. Your continued use of Hibe after the posting of changes constitutes your binding acceptance of such changes. We may provide you with notices, including those regarding changes to our User Agreement, by sending a message through Hibe. Notice will be deemed given after 15 days following the transmission of a notification through the Community. If you cannot comply with the amended Agreement, your only remedy is to cancel your Hibe account and/or not use Hibe.
This policy was last updated on September 29th, 2009.