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TERMS OF USE

PLEASE READ THESE TERMS OF USE 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.

  • This Terms of Use is an Agreement between you and BeehiveLIVE, Inc., which also does business under the trade name ihiveLIVE, the creator of the License Branded Network Hive (“the Hive”), for you to become a member of the Hive (“Hive Member”) and thereby allowing you access to products, services, and information available through the Hive. The Hive was created in cooperation with an affinity-centric group (including, but not limited to, learning institutions, professional or social organizations, clubs, Associations, faith-based groups or not-for-profits) (“Licensing Institution”) that has licensed BeehiveLIVE, Inc. to use its name, proprietary information, trademarks, and other intellectual property in conjunction with the construction, maintenance and use of the Hive. Collectively, BeehiveLIVE, Inc. and the Licensing Institution are referred to herein as BHL.
     
  • The Hive, which is also referred to herein as the Service, is a social-commerce network platform and virtual commerce community designed for the use and benefit of the Licensing Institution, Hive Members, and BeehiveLIVE, Inc.

 

  • The entire contents of the Hive are copyrighted, patented, or otherwise protected intellectual property owned by BHL and other content creators who have licensed their content for inclusion in the Hive.
     
  • All content of the Hive is exclusively for private, personal use and is not to be redistributed in any form other than as expressly allowed by these Terms of Use.

 

  • You agree that membership in or access to the Hive has value, and that value is adequate consideration for you entering this Agreement.
     
  • By becoming a Hive Member or accessing the Hive you agree that BHL (and any affiliate or service provider) may maintain information about you and your use of the Hive for any commercial purpose, including to provide you customized and improved services.

 

  • By becoming a Hive Member you agree and acknowledge that you will receive communications, including advertisements by email and/or cellular text message as a part of the content distributed to Hive Members.

 

  • You acknowledge that you are solely responsible for any acts or decisions you may make as a consequence of exposure to any of the content in the Hive and that neither BHL nor any of its affiliates, partners, agents, or related entities are responsible for any damages you sustain as a result of your membership in or access to the Hive.

 
ELIGIBILITY
 

There are no Hive Members where such membership is prohibited by law. The Hive is intended solely for users who are 13 years of age or older. Any registration by use of or access to the Hive by anyone under age 13, is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Hive, you represent and warrant that you are 13 years of age or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use.
 

CHILDREN UNDER AGE 13

BHL does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register.  If you are under the age of 13, please do not attempt to register for the Hive or send any information about yourself to us, including your name, address, telephone number, or email address.  No one under age 13 may provide any personal information to or on the Hive. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under the age of 13, please contact us at the address provided below. 

USER CONDUCT

You acknowledge that the Hive 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 the Hive 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 the Hive to:
 

  • harvest or collect email addresses or other contact information of other users from the Hive by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
     
  • use the Hive in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Hive;
     
  • use automated scripts to collect information from or otherwise interact with the Hive;
     
  • upload, post, transmit, share, store or otherwise make available any content that BHL deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
     
  • register for more than one membership in the Hive, register for a membership in the Hive on behalf of an individual other than yourself, or register for a membership in the Hive on behalf of any group or entity;
     
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
     
  • upload, post, transmit, via script or otherwise, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," any other form of solicitation, or materials that promote or convey information known to be false or misleading;
     
  • upload, post, transmit, share, store or otherwise make publicly available on the Hive any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
     
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
     
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     
  • intimidate or harass another;
     
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
     
  • use or attempt to use another's account, service or system without authorization from BHL, or create a false identity on the Hive.
     
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of BHL, is objectionable or which restricts or inhibits any other person from using or enjoying the Hive, or which may expose BHL or Hive users to any harm or liability of any type.
     

ACTIVATION, CANCELLATION OR ALTERATION OF HIVE MEMBERSHIP OR SERVICES

Your membership in the Hive begins when you have completed an on-line membership application that has been accepted by BHL, and you have received notice of membership activation, which will be sent by email or cellular test message. Your membership in the Hive is canceled immediately if you violate the Terms of Use.  BHL may cancel your membership in the Hive with or without notice to you. Your membership in the Hive and rights under these Terms of Use terminate automatically if you fail to comply with any of the terms and conditions of these Terms of Use in the sole discretion of BHL.  BHL may terminate this Agreement at any time and for any reason and may affect notice of such termination through any means, including but not limited to email, cellular text message or alert messages posted to the Hive, or posting such notice on BHL web sites or otherwise publicly proclaiming such termination. Upon termination, you must stop using and accessing the Hive.

Membership or any service, including services provided at no charge by BHL, may be modified, suspended, or cancelled at any time by BHL, 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 BHL with or without notice to you.  You agree BHL will not be liable for any damages you sustain as the result of any Service or any aspect of the Hive 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 the Hive without your knowledge and express consent.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of or membership in the Hive, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Hive ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to BHL through the Hive, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You must notify BHL immediately on discovering any unauthorized use of your account. Usernames and passwords are the property of BHL and BHL may alter or replace them at any time.

USER CONTENT POSTED ON THE SITE

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, and other content that you upload, publish or display (hereinafter, "post") on or through the Hive, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Hive that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Hive and may delete or remove (without notice) any Hive Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of BHL violates the Terms of Use, 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 the Hive or provide to the Company.

When you post User Content to the Hive, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Hive. By registering as a Hive Member and/or posting User Content to any part of the Hive, you automatically grant, and you represent and warrant that you have the right to grant, to BHL an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) 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 the Hive 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 Hive membership and remove your User Content from the Hive at any time. If you choose to do so, the license granted above will automatically expire, however you acknowledge that BHL may retain archived copies of your User Content. BHL does not assert any ownership over your User Content; rather, as between BHL and you, subject to the rights granted to BHL in the Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

USER DISPUTES

You are solely responsible for your interactions with other Hive users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

THIRD PARTY WEBSITES AND CONTENT

Through access to or membership in the Hive, BHL or third parties may provide links to other World Wide Web sites, utilities, or resources (“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 BHL. Because BHL has no control over such sites and resources, you acknowledge and agree that BHL 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 BHL 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 the Hive 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 the Hive or otherwise.

PROPRIETARY RIGHTS IN HIVE CONTENT; LIMITED LICENSE

All content on and available through the Hive, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Hive Content"), are the proprietary property of BHL,  or its licensors with all rights reserved. No Hive 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 the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Hive. Provided that you are eligible for use of the Hive, you are granted a limited license to access and use the Hive and the Hive Content and to download or print a copy of any portion of the Hive 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 Hive Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Hive Content is strictly prohibited. Such license is subject to the Terms of Use and does not permit use of any data mining, harvesting, robots, scraping or similar data gathering or extraction methods. Any use of the Hive or the Hive 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 Use 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.

TRADEMARKS

The terms BHL, BeehiveLIVE, Beehive Live, ihivelive, ihiveLIVE, ihiveLIVE.com, and other BHL graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of BHL in the U.S. and Canada. BHL’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 or the Institution, whichever entity owns the applicable trademark.

COPYRIGHT COMPLAINTS

BHL prohibits users from uploading, posting or otherwise transmitting on or through the Hive any materials that violate another party's intellectual property rights. When BHL 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 BHL. If BHL finds, in its sole discretion, that an infringement of intellectual property rights occurred, BHL will take reasonable steps to stop the infringement and will terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site 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 with all information for BHL 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.

PRIVACY

By becoming a Hive Member or accessing the Hive, you are consenting to have your personal data transferred to and processed in the United States and Canada in any manner desired by BHL.  See our Privacy Policy for more information.

SECURITY OF INFORMATION ON THE INTERNET 

You acknowledge that information sent or received over the Internet is generally unsecure and BHL cannot and does not make any representation or warranty concerning security of any communication to or from the Hive or any representation or warranty regarding the interception by third parties of personal or other information.

 ADVERTISING

You acknowledge that advertisements in various forms will, from time to time, appear within, adjacent to, or as content included within the Hive. You also acknowledge you will receive advertisements through email and cellular text messages as a result of your membership in the Hive. Your participation or response to any advertising on or through the Hive is solely between you and the advertiser. You agree that BHL 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 the Hive.

HIVE MOBILE SERVICES

The Hive includes 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 the Hive from your mobile phone, and (iii) the ability to access certain Hive features and services through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). BHL does not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. 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 BHL may communicate with you regarding the Hive 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 Hive membership information to ensure that your messages are not sent to the person that acquires your old number.

CELLULAR CARRIER OR ISP FEES

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 the Hive, charged by or through any mobile operator, carrier, or other service provider are your sole responsibility.

DISCLAIMERS

You agree BHL is not responsible or liable to you in any manner for any User Content or Third Party Applications, Software, or Content posted on the Hive or in connection with the any service or utility provided by or through the Hive, whether posted or made accessible by users of the Hive, by BHL, by third parties or by any of the equipment or programming associated with or utilized in the Hive. Although BHL provides rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Hive and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Hive or in connection with any User Content or Third Party Applications, Software or Content. BHL is not responsible for the conduct, whether online or offline, of any user of the Hive.

The Hive may be temporarily unavailable from time to time for maintenance or other reasons. BHL 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, Hive Member or user communications. You agree BHL 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 Hive 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 the Hive. Under no circumstances will BHL 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 the Hive, any User Content or Third Party Applications, Software or Content posted on or through the Hive or the Service or transmitted to Users, or any interactions between users of the Hive, whether online or offline.

The Hive and any service associated therewith (including messaging, alerts, or mobile services), and the Hive content are provided “as-is” and the Hive 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.  The Hive cannot guarantee and does not promise any specific results from use of the Hive and/or the service and/or any platform applications.  BHL does not represent or warrant that software, content or materials on or communications directed through or in conjunction with the Hive are accurate, complete, reliable, current or free of error or that the Hive is free of error, viruses, or other harmful components.  Therefore, you should exercise caution in relying on anything received through or in conjunction with the Hive 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.
 

LIMITATION ON LIABILITY

In no event will BHL or its 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 the Hive or any related service, or any of the Hive content or other materials on, accessed through or downloaded from the Hive, even if BHL is aware or has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, BHL’s liability to you for any cause or claim whatsoever, regardless of the form of the action, will at all times be limited to $1,000 unless otherwise required by law, and you shall not be entitled to additional damages of any kind from BHL, regardless of the circumstances.

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.

GOVERNING LAW, JURISDICTION, AND VENUE

By accessing or becoming a Hive Member, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern the application of the Terms of Use and any dispute of any sort that might arise between you and BHL 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 United States Court for the District of Kansas or in the District Court of Johnson County, Kansas, the jurisdiction of which and you hereby consent to, and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the federal courts of the State of Kansas or in the District Court of Johnson County, Kansas.

ARBITRATION

In the sole discretion of BHL, any claim or dispute, including an action filed in a court of competent jurisdiction, may be resolved by arbitration.  BHL reserves the right to invoke the requirement to arbitrate whenever it so desires.  You agree that if BHL invokes its right to arbitration, you will dismiss any claims pending in court against BHL (which includes BeehiveLIVE, Inc.), its licensors, its subsidiaries and affiliates, and initiate a separate arbitration action, regardless of whether BHL, 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.  Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Overland Park, Kansas, to which you hereby consent.  The allocation of costs and fees (not including attorneys’ fees and related expenses) for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  You agree that should BHL prevail in any claim, action, suit, or dispute with you, BHL shall be entitled to an award of its attorneys’ fees and related expenses.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Hive (including your visit to or use of the Hive and/or the Service) be instituted more than one (1) year after the cause of action arose.
 

LIQUIDATED DAMAGES

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 Hive Members using either the Hive or information you obtained by use of the Hive, you harm BHL’s relationship with its Hive 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 Hive Members in violation of this provision.  You agree to pay to BHL $75.00 as liquidated damages for each unsolicited email you sent to Hive Members in violation of this provision.

CLASS ACTION WAIVER 

You agree to waive your right to initiate, be a class representative of, or in any way participate as a party or class member in a class action claim, suit, or proceeding brought in any court in any location.

INDEMNITY

You agree to indemnify and hold BeehiveLIVE, Inc., BHL, BHL licensors, BHL 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 the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of these Terms of Use or of any law or the rights of any third party.

DESIGNATED AGENT

If you have any questions about these Terms of Service, please direct them to BHL’s Designated
Agent at:  Legal, BeehiveLIVE, Inc., 305 Washington Avenue, Suite 305, Towson, MD, 21204, or by
email at: terms@ihivelive.com.

 

Updated Sep 14, 2009