2. Sharing Your Content and Information
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Services (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- We always appreciate your feedback or other suggestions about the Services, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep the Services safe, but we cannot guarantee it. We need your help to keep the Services safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on or through the Services.
- You will not collect users' content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality of the Services.
- You will not facilitate or encourage any violations of these Terms or our policies.
4. Registration and Account Security
Users of the Services provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on the Services, or create an account for anyone other than yourself without permission.
- You will not use the Services if you are under 18.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
5. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on the Services that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on the Services if we believe that it violates these Terms or our policies.
- You will not use our copyrights or trademarks or any confusingly similar marks.
6. About Commercial Content Served by the Services
- One of our goals is to make content and information that is valuable to our users available to them. In order to help us do that, you agree that we may use and disclose any content, data, or information we collect or obtain in connection with our provision of services, including your name, contact information and any content you provide to us. We will use and disclose this information, data, and content to produce, develop, sell, enhance, distribute, or otherwise in connection with commercial, sponsored, or other content. This means, for example, that you permit us to use and share the content, data,and information you provide to us with businesses and individuals that subscribe to our Services, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use the content or information.
- We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- Your continued use of the Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Servicesto you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2, and 6 through 11.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or HB Hospitality exclusively in the U.S. District Court for the Middle District of North Carolina or a state court located in Durham County, North Carolina and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of North Carolina will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on the Services, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. We do not control or direct users' actions on the Services and are not responsible for users’ actions or the content or information users transmit or share on the Services. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on the Services. We are not responsible for the conduct, whether online or offline, of any user of the Services.
- WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HB HOSPITALITY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
10. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with the Services outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States,or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on the Services. You will not use the Services if you are prohibited from receiving products, services, or software originating from the United States.
- By "Services” we mean the features and services we make available, including through (a) our websites at www.hbhospitality.com and the Hive (www.hbhospitalityhive.com) and any other HB Hospitality or Hive branded or co-branded websites (including sub-domains, widgets, and mobile versions); and (b) other media, brands, products, services, software, or networks now existing or later developed. We reserve the right to designate, in our sole discretion, that certain of our brands, products, or services are governed by separate terms and not these Terms.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with the Services.
- By "content" we mean anything you or other users post, provide or share using the Services.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from the Services or provide to the Services.
- By "post" we mean post on the Services or otherwise make available by using the Services.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- These Terms make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Services.