You are prohibited to copy, or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, tamper with our source code of the app, and you are also prohibited from translating the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights, and other intellectual property rights related to it, belong to TheHive, Inc.
2. The Hive Service
We agree to provide you with the Hive Service. The Hive Service includes all of the Hive products, features, applications, services, technologies, and software. The Hive Service is made up of the following aspects (the Hive Service):
Select up to 4 songs that will play when users visit your page
All pictures, videos, and statuses are organized into sections making it easy for you to navigate
Repost, share, like or reply to statuses on your timeline with a simple comment or our GIFS feature
Purchase up to three song slots in addition to the free song slot provides to you, courtesy of Hive
Message other users with Hive Messages
3. Who can use Hive:
We strive to be as welcoming and inclusive as possible, but we are also committed to Hive to being secure and in accordance with the law. In order to use Hive and its services, our restrictions are as follows:
You must be at least 13 years old.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted sex offender.
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you“ and “your“ as used in these Terms shall refer to such entity.
TheHive, Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.
The Hive app stores and processes personal data that you have provided to us, in order to provide our Service. It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the Hive app won't work properly or at all.
You should be aware that there are certain things that TheHive, Inc. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but TheHive, Inc. cannot take responsibility for the app not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
If you're using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, TheHive, Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can't turn it on to avail the Service, TheHive, Inc. cannot accept responsibility.
With respect to TheHive, Inc.'s responsibility for your use of the app, when you're using the app, it's important to bear in mind that although we aim to ensure that Hive is updated and functioning correctly at all times, our developer team endeavors to address any and all concerns with Hive. TheHive, Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
TheHive, Inc. will continue releasing updates for Hive that may add and/or modify features and/or increase app functionality to create the best experience for Hive users. The app is currently available on iOS – the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you'll need to download the updates if you want to keep using the latest version of the app. We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
4. Who Has Rights Under this Agreement
This agreement does not give rights to any third parties.
You cannot transfer your rights or obligations under this agreement without our consent.
Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
5. Who Is Responsible if Something Happens
Our Service is provided “as is,“ and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also don't control what people and others do or say, and we aren't responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren't responsible for services and features offered by other people or companies, even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called “liability“) is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible (“liable“) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
6. How We Will Handle Disputes
Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us related to these Terms or Hive (“claim(s)“) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other Hive users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
You and we expressly waive a trial by jury. In lieu of using arbitration, you or we can bring claims in your local “small claims“ court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules.
The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our Community Guidelines, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Hive account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: TheHive, Inc. ATTN: Hive Arbitration Opt-out, 16207 Brookhurst St., Fountain Valley, CA 92708.
7. Unsolicited Material
We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
8. Making Payments
Hive uses Apple Music API to legally provide music to you to use on your profile page. You will be prompted to log in to your Apple Music account, where you will then select an available song to automatically play when other user(s) visit your profile page. You are able to select a maximum of four songs, with one song each being allocated to one of the four song slots. The first song slot is free. The second song slot is $0.99. The third and fourth song slot is $1.99. When you make a payment on Hive Products, you agree to provide a valid funding instrument. When you have successfully added your funding instrument, we will allow you to initiate a transaction using the payment feature on Hive Products. Pay attention to the details of the transaction, because your total price may include taxes and fees, all of which you are responsible for paying.
Hive is not responsible for financial transactions between Hive user(s). Remember to always follow the law when offering to sell or buy other regulated goods. Accounts promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products.