Effective Date: November 19th, 2016

By using Hibe, you are agreeing to be bound by the following terms of service ("Terms").

General Conditions

Hibe enables you to interact and share Private and Public Content within multiple Social Contexts (a.k.a Facets).

On Hibe, you connect and share with others based on Hibe’s Contextual Privacy approach. In this approach, you create a Social Context (a.k.a Facet) representing the boundary of your interactions with others, you select content to be shared within this Social Context, and you select people that will be allowed to access, contribute and interact with the shared content within such an environment.

All content you share on Hibe is aggregated and managed through topic-based containers known as Booklets. A Booklet contains all your posts, the media and the documents you share in it, making the Booklet the basic content type on Hibe and the stream in which your conversation with others about a specific topic takes place. Content you contribute within a public context is referred to as your Public Content. Content you contribute within a private context is referred to as your Private Content.

  • You must be thirteen (13) years of age or older to use Hibe.
  • You must have the capacity to form a binding contract with Hibe and must not be a person barred from using Hibe.
  • You are solely responsible for your conduct, your Content, and for any consequences thereof. You are solely responsible for the safeguard of the password that you use to access Hibe. As Hibe allows you to share a wide variety of information, we strongly suggest that you use passwords with a combination of lower and upper case letters, numbers and symbols.
  • You may use Hibe only in compliance with the Terms and all applicable local, state, national, and international laws, rules and regulations.
  • Violation of any part of the Terms may result in the termination of your account.

Privacy

All Content is subject to Hibe's Privacy Policy.

Your Rights

You retain all rights to your Private Content. Hibe strictly grants access to your Private Content in accordance with the accessibility restrictions set by you. Only you can make the decision to share your Private Content. However, Public Content that you share on Hibe is accessed, and can be copied or downloaded by others without your permission.

Hibe Rights

Hibe is protected by the copyright, trademark and other laws of both the United States and foreign countries. You cannot use the Hibe name or any of Hibe's trademarks, logos, domain names, and/or other distinctive brand features.

Any feedback, comments, or suggestions, you may provide to Hibe is voluntary and can be used without any obligation to you.

We may, at any time, but have no obligation to, remove or hide any Content on Hibe, suspend or close an account.

User Rules

We respect the ownership of the Content and you are responsible for the Content you provide. As such, we do not actively monitor or censor Content, unless required by the law or in circumstances described below:

  • You may not share Content that is hateful, threatening, contains nudity, incites violence or displays graphic or gratuitous violence.
  • You may not share private or confidential information without express authorization and permission.
  • You may not share Content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
  • You may not use Hibe to impersonate another in a manner that does or is intended to mislead, confuse or deceive others.
  • You may not use Hibe to send repeat mass invitations.
  • You may not do anything that could disable, overburden, or impair the proper working of Hibe.
  • You may not use any web robots (bots), web crawlers, data-mining, or similar applications to harvest, submit gather and extract data from, or otherwise use Hibe.

Accounts engaging in any of these behaviors may be investigated for abuse. Content under investigation may be hidden and the related account may be suspended. Hibe reserves the right to immediately terminate your account without further notice in the event that, in its judgment, you violate the User Rules or the Terms.

Mobile and Other Devices

By using Hibe, you provide consent and all rights necessary to enable users to sync their devices with any information that is accessible to them through the Hibe Platform.

Copyright

We will review all notices of alleged copyright infringement that comply with applicable law and are properly provided to us. To make a claim, you need to provide us with the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • A description of the copyrighted work claimed to have been infringed;
  • A description of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion, and, in the case of repeat infringement, to terminate the infringer’s account. Our designated copyright agent is:

Hibe Inc.
Copyright Department
432 Sainte-Helene
Montreal, QC
H2Y-2K7
Canada
Email: copyright@hibe.com

Links and Embeds

Hibe and its users may provide links to third party websites or may embed YouTube videos. These links and embeds are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible, or liable for any content accessed through those links and embeds, its availability or its accuracy. We reserve the right, at any time, to remove such links or embeds if we have reasons to believe it infringes our Terms or the third party’s rights. When following a link, you do so at your own risk and you should be aware that the Terms no longer govern.

Disclaimer, Limitation of Liability

HIBE IS 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, AFFILIATES, 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 HIBE OR THE CONTENT, MATERIALS, SERVICES OR PRODUCTS AVAILABLE ON HIBE, AS WELL AS THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT HIBE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO 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 HIBE WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, QUALITY, LEGALITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF HIBE 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 HIBE 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 HIBE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Release

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, known and unknown, arising out of or in any way connected with such disputes.

Indemnification

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.

Governing Law

These Terms and any action related thereto will be governed by the laws of the Province of Quebec without regards to or application of its conflict of law provisions with your state or country of residence. All claims, legal proceedings or litigation arising in connection with Hibe will be brought solely in Montreal, Quebec (Canada), and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are accepting these Terms on behalf of a Canadian federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the province of Quebec (excluding choice of law).

Waiver, Entire Agreement, Severability, Survival

The failure of Hibe to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

This Agreement constitutes the entire agreement between the parties with respect to your use of Hibe and supersedes and replaces all prior agreements between Hibe and you regarding Hibe.

If any provision of this User Agreement or any Hibe Policies is held to be unlawful, void, or for any reason unenforceable, then the remaining provisions of these Terms will remain in full force and effect.

Definitions

By "Hibe" we mean the features and services that Hibe Inc. makes available through our web domains “hibe.com” and “hi.be”, and any other Hibe branded or co-branded websites and applications.

By “Content” we mean any text, images, videos, links, files, or any other media types uploaded, posted and shared on Hibe.

Notice

We may, at our discretion, change, modify, add, or remove portions of this Agreement at any time. Please check our Terms of Service periodically for changes. Your continued use of Hibe after the posting of changes constitutes your binding acceptance of such changes.

If the alterations constitute, in a good faith judgment, a material change of the Terms, we will notify you either using the email address set as “default” and/or the notification feature in Hibe.

Hibe is operated by Hibe Inc., 432 Sainte-Helene, Montreal, QC, H2Y-2K7, Canada.