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TERMS OF USE
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH THE HIVE S.L. SUPPLIES THE SERVICES (“SERVICES”) OFFERED THROUGH ITS WEBSITE, WHICH IS LOCATED AT www.hive.ly (THE WEBSITE BEING REFERRED TO AS THE “WEBSITE”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE COMMITTING TO MAKE USE OF ANY OF THE SERVICES. YOU ACKNOWLEDGE THAT BY USING AND/OR REGISTERING WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO REGISTER WITH THE WEBSITE OR TO USE THE SERVICES OFFERED BY THE HIVE S.L. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE. THESE TERMS AND CONDITIONS MAY BE SUBJECT TO CHANGE FROM TIME TO TIME, AND ACCORDINGLY YOU ARE ADVISED TO REFER BACK TO THESE TERMS AND CONDITIONS BEFORE REGISTERING WITH THE WEBSITE.

1. INFORMATION ABOUT THE HIVE S.L.

1.1. The Website is owned and managed, operated and maintained by The Hive S.L. (“hive.ly”), a company registered in Spain with company registration number B-87090320 (Mercantile Register of Madrid, Volume 32575, Book 97, Sheet M-586339, First registration) and having its registered address at Calle Castelló 25 28001 Madrid, Spain.

1.2. hive.ly may be contacted at Calle Castelló 25 28001 Madrid, Spain or by email at admin@hive.ly

2. INFORMATION ABOUT THE WEBSITE

2.1. To use the Website you must become a registered user (“User”). The Website allows Users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (“Content”) with other Users of the Website with whom the Content owner has connected via the Website (these other Users being referred to as “Connected Users”).

2.2. hive.ly shall be entitled at its own discretion to suspend the Website at any time and for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website, including but not limited to preventing you from using any of the Services available on the Website.

2.3. hive.ly reserves the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the same without notice to you.

2.4. hive.ly relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the content therein and the Services available to you. Whilst hive.ly takes all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that hive.ly does not warrant that the Website shall be uninterrupted or fault-free at all times. hive.ly therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Website as a result of hive.ly’s service providers.

2.5. The Website may include links to other websites and services that are not operated by hive.ly. hive.ly provides such links to you only as a convenience and is not responsible for the content or links displayed on such websites. You are responsible for and assume all risk arising from your use or reliance of any third party websites or services.

3. PRELIMINARY INFORMATION

3.1. By registering your details with hive.ly, you warrant that:

3.1.1. you are legally capable of entering into binding contracts;

3.1.2. you are at least 18 years old;

3.1.3. you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms for the use of the Services; and

3.1.4. you are the legal guardian of any child or children you add to your Account.

4. REGISTRATION

4.1. In order to use any of the Services offered on the Website, you will need to complete the online registration form and set up an account (“Account”) as a User.

4.2. By registering your details and setting up an Account you consent to hive.ly conducting verification and security procedures in respect of the information provided by you online.

4.3. You hereby warrant that the information provided by you to hive.ly is true, accurate and correct. You further warrant that you shall promptly notify hive.ly in the event of any changes to such information.

4.4. Upon the completion and submission of the online registration form on the Website, and once you have accepted hive.ly’s Terms, you shall be sent a verification email to the email address you provided on the registration form.

4.5. You shall keep your registration details for the Website (“Login Details” ) confidential and secure. Without prejudice to any other rights and remedies available to hive.ly, hive.ly reserves the right to promptly disable your Login Details and suspend your access to the Website in the event that hive.ly has any reason to believe you have breached any of the provisions set out herein.

4.6. Notwithstanding the foregoing, hive.ly reserves the right to:

4.6.1. accept or reject your application to register for any reason; and

4.6.2. suspend your Account and/or refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.

5. FORMATION AND TERMINATION OF CONTRACT

5.1. Your contract with hive.ly shall be formed at the time you commence your use of the Website.

5.2. You may terminate your contract with hive.ly by contacting hive.ly at any time by email at admin@hive.ly

5.3. hive.ly shall be entitled at its own discretion to discontinue the Website and delete all Content at any time and for any reason whatsoever. In such event hive.ly shall notify you not less than 30 days prior to discontinuing the Website. During such period of notice you should ensure that you have procured a copy of all Content that you own and that you require.

6. YOUR USE OF THE WEBSITE

6.1. You agree that you are solely responsible and liable for all activities carried out by your use of the Website.

6.2. Subject to clause 6.3 and all other Terms, you may submit Content via the Website.

6.3. You shall not submit any Content that, in hive.ly’s reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:

6.3.1. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

6.3.2. harass or advocate harassment of another person;

6.3.3. display pornographic or sexually explicit material;

6.3.4. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

6.3.5. promote any illegal activities;

6.3.6. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

6.3.7. promote or contain information that you know or believe to be inaccurate, false or misleading;

6.3.8. engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or

6.3.9. infringe any rights of any third party.

6.4. You agree that hive.ly may, at its sole discretion, choose to remove any Content or any part of the same that you upload to the Website.

6.5. You warrant and represent that you own or are licensed to use any and all copyright, patents, trade marks (whether registrable or non-registrable), designs, rights in databases, rights in software (including without limitation the source and object code) and all proprietary rights (“Intellectual Property Rights”) in all Content that you upload via the Website.

6.6. Nothing in these Terms will serve to transfer ownership of the Content or the Intellectual Property rights therein to hive.ly. You hereby grant to hive.ly:

6.6.1. a non-exclusive, worldwide, perpetual, irrevocable licence to use your Content to the extent necessary for hive.ly to provide the Service; and

6.6.2. the right to grant to your Connected Users sub-licences in respect of your Content on the terms set out in clause 6.7.

6.7. hive.ly grants you a non-exclusive, worldwide, perpetual, irrevocable licence to view the Content made available to you by your Connected Users. For the express avoidance of doubt, you shall make no other use of another User’s Content except with the express written consent of the User who owns such Content.

6.8. If you feel that any Content made available by another User is objectionable, please contact hive.ly using the contact details set out on the Website. Hive.ly shall use its reasonable endeavours to review the relevant Content as soon as is practicable and shall take such action as it deems necessary, if any at all.

6.9. You shall not use any cheats, exploits or hacks or any other unauthorised third party software designed to modify or interfere with the Service.

6.10. You further agree that at all times, you shall:

6.10.1. not use your Login Details with the intent of impersonating another person;

6.10.2. not allow any other person to use your Login Details;

6.10.3. not use the Website or any information provided to you by hive.ly to engage in or promote any commercial activities, without the prior consent of hive.ly;

6.10.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

6.10.5. not infringe any rights of any third parties;

6.10.6. contact hive.ly at admin@hive.ly if you consider any Content posted by another User to breach any of the Terms herein;

6.10.7. comply with all instructions and policies from hive.ly from time to time in respect of the Services and the Website;

6.10.8. co-operate with any reasonable security or other checks or requests for information made by hive.ly from time to time; and

6.10.9. use the information made available to you on the Website and through the Services at your own risk.

6.11. In the event that you have a dispute with any other User of the Website, you hereby release hive.ly from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

7.1. To the maximum extent permitted by applicable law the Website is provided on an "as is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, current-ness, freedom from interruption, viruses or other defect, and non-infringement.

7.2. If hive.ly fails to comply with these Terms, hive.ly shall be entitled to be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder. Subject to clause 7.4, if hive.ly’s failure to comply with its obligations is not remedied as in this clause 7.2, then hive.ly’s total liability for all losses, damages, costs, claims and expenses howsoever arising shall be limited to €50.

7.3. Subject to clause 7.4, hive.ly shall not be liable for losses that result from its failure to comply with these Terms that fall into the following categories:

7.3.1. consequential, indirect or special losses;

7.3.2. loss of profits, income or revenue;

7.3.3. loss of savings or anticipated savings, interest or production;

7.3.4. loss of contracts;

7.3.5. loss of opportunity or expectations;

7.3.6. loss of goodwill and/or reputation;

7.3.7. loss of opportunities;

7.3.8. loss of data; or

7.3.9. loss of management or office time whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

7.4. Nothing in these Terms excludes or limits hive.ly’s liability for:

7.4.1. death or personal injury caused by its negligence;

7.4.2. fraud or fraudulent misrepresentation; or

7.4.3. any other matter for which it would be illegal for hive.ly’s to exclude or attempt to exclude its liability.

7.5. hive.ly’s does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. hive.ly therefore recommends that you take all safety precautions when contacting, socialising and engaging in social gatherings or meetings with other Users.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. hive.ly and its licensors own all the Intellectual Property Rights relating to the Website.

8.2. You are expressly prohibited from:

8.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and

8.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by hive.ly or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of hive.ly or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to hive.ly.

8.3. Provided that hive.ly is unaware of any infringement of any third party intellectual property rights at the time you submit any Content, hive.ly shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or hive.ly.

9. PRIVACY AND DATA PROTECTION

9.1. hive.ly complies with the Data Protection Spanish Law and all other successor legislation and regulations in the performance of its obligations under these Terms. Please click https://hive.ly/privacy  to view hive.ly’s Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.

9.2. hive.ly’s Cookies Policy provides details of the cookies set by our website. Please click https://hive.ly/cookies to view hive.ly’s Cookies Policy. By accepting these Terms you hereby accept these cookies, unless you have adjusted your browsers settings not to accept cookies.

10. FORCE MAJEURE

10.1. hive.ly shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).

10.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond hive.ly’s reasonable control and includes in particular (without limitation) the following:

10.2.1. strikes, lock-outs or other industrial action;

10.2.2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

10.2.3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

10.2.4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

10.2.5. impossibility of the use of public or private telecommunications networks; and

10.2.6. the acts, decrees, legislation, regulations or restrictions of any government.

10.3. hive.ly’s performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and hive.ly shall have an extension of time for performance for the duration of that period. hive.ly will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.

11. COMPLAINTS

11.1. If you have reason to believe that any of the terms herein have been breached or you have a complaint, please e-mail hive.ly at: admin@hive.ly or write to: Calle Castelló 25 28001 Madrid (Spain). All notification and communication to hive.ly should be sent to the contact details provided herein.

12. GENERAL

12.1. If hive.ly fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

12.2. A waiver by hive.ly of any default shall not constitute a waiver of any subsequent default.

12.3. No waiver by hive.ly of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

12.4. For the avoidance of doubt, references to ‘writing’ shall be deemed to include email.

12.5. hive.ly reserves the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of its obligations under these Terms.

12.6. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

12.7. These Terms and any document expressly referred to in them represent the entire agreement between you and hive.ly in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and hive.ly, whether oral or in writing.

12.8. You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and hive.ly except as expressly set out in these Terms.

12.9. hive.ly reserves the right to amend these Terms without prior notice to you, subject always that such amendments shall be notified to you on the Website.

12.10. These Terms are governed by and construed in accordance with Spanish law. The Courts of Spain shall have exclusive jurisdiction over any disputes arising out of these Terms.

13. PREVALENCE OF THE VERSION IN THE SPANISH LANGUAGE

13.1. In case of discrepancy between the Spanish version of these Terms and any other version in a different language, the version in Spanish shall prevail.

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