This Agreement was last revised on March 15, 2013.
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Service.
Summary of Service
CSI’s Catalyst is a platform where certain users (“Project Creators”) run campaigns to fund creative projects (a “Project”) by offering rewards to raise money from other users (“Backers”). Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Project Creators, Backers, and other visitors to and users of the Service (collectively, “Users”) may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible (“Submit”) Content. “User Submissions” means any Content Submitted by Users.
Use of Service
HiveWire provides a place for the creative community to interact, share information, and support content creation. All visitors to CSI’s Catalyst, whether registered or not, are Users. If you register with CSI’s Catalyst (or HiveWire) you become a “Member” and gain access to certain features, including the ability to post certain information as a Project Creator about your Project (“Project Posting”) on the Service and interact with other Members about your Project.
HiveWire grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.
You do not have to register in order to visit HiveWire. To access certain features of the Service, though, including posting, commenting on, following, or contributing to a Project, you will need to register with HiveWire and create a Member account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify HiveWire immediately of any breach of security or unauthorized use of your account. Although HiveWire will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of HiveWire or others due to such unauthorized use.
You may use your Settings to control your Member Profile and how other Members communicate with you. By providing HiveWire your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Service and special offers.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the HiveWire servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes.
HiveWire may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in HiveWire’s sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
You may not use the Service for activities that: (i) violate any law, statute, ordinance or regulation; (ii) relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, © items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law; (iii) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, © are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are by payment processors to collect payments on behalf of merchants, (e) are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (f) provide certain credit repair or debt settlement services; (iv) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; (v) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; (vi) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from HiveWire and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Posting a Project
HiveWire may provide you the opportunity as a Project Creator to post your Project on HiveWire to showcase and share certain information about the Project and elicit feedback and financial contributions from other Members. Your Project Posting is Content, and is subject to all the terms and conditions relating to User Submissions in this Agreement. It is a breach of this Agreement to post a false or misleading Project or to post false or misleading information in your Project Profile.
HiveWire may provide you the opportunity as a Project Creator to fundraise for your Project by soliciting financial contributions to support the Project from Members (“Contributions”). The rules governing fundraising for your Project (the “Fundraising Rules”) are as follows:
1. The first step in launching a fundraising campaign using the Service is to create a project profile page (“Project Profile”) and post a “Funding Request.” To post a Funding Request, set your goal for the total Contributions you wish to raise during your current campaign (“Campaign Goal”) and the date by which you’d like to raise the funds (“Campaign Deadline”) on your Project Profile page. The Campaign Deadline can be between 1 and 50 days out. (Note, if you reach your campaign goal, you can post a new project to launch a campaign to fund the next phase of your project. The number of projects you can create is unlimited, subject to approval by HiveWire.
2. You will be required to designate the legal entity to which funds will be directed (the “Project Entity”). By providing the name of your Project Entity to HiveWire, you represent and warrant that you are an authorized representative of the Project Entity with the authority to bind the Project Entity to the terms of this Agreement, that the Project Entity is the legal entity responsible for the Project and accountable for the use of any funds raised for it on HiveWire, and that you accept this Agreement on the Project Entity’s behalf.
3. To receive Contributions, your Project Entity must establish an account (a “Funding Account”) with the payment processor designated by HiveWire at the time you post your Project (the “Processor”). You understand and agree that your Funding Account will be governed by your agreement with the Processor, and that HiveWire shall have no liability for your Funding Account or your transactions or interactions with the Processor.
4. All Contributions made to a Project will be directed to the Project Entity’s Funding Account, less a 8% marketplace processing fee retained by HiveWire. All Contributions paid to a Project Entity will constitute “Project Funding,” and the HiveWire fee and all other Project Funding requirements will apply. HiveWire is not responsible for any error or omission in the Funding Account information you provide. Unless automated by the Processor, Project Funding less 3rd party processing fees will be disbursed from the Funding Account to the Project Entity’s bank account according to the Project’s disbursement details (set in the Funding section of the Project Profile). All necessary fund transfers will be initiated within 10 business days of the campaign end date. It can then take up to 7 business days for the disbursed funds to arrive in your account, or for the cheque to arrive via regular mail. It is up to the discretion of HiveWire whether Project Funding will be disbursed via cheque or Electronic Money Transfer.
5. When you reach your Campaign Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Project. You may make a new Funding Request any time after the end of your last Funding Request closes. If you reach your Campaign Goal by your Campaign Deadline, HiveWire will pay you a 3% rebate on all funds raised during the campaign. Payments will be included in a funds transfer that will be initiated within 10 business days of the campaign end date. It can then take up to 7 business days for the disbursed funds to arrive in your account.
6. If your Project receives Project Funding by using HiveWire’s platform and tools (including without limitation Project Funding paid into your Funding Account), you agree to acknowledge HiveWire by including the HiveWire logo in the “Special Thanks” section of the credits/acknowledgement section of your completed project as follows: using the HiveWire logo available in the Press section of HiveWire.ca, the logo should appear on its own line (i.e., no other text or images on the left or right), sized so that the “HiveWire” lettering in the logo is at least three times the size of the credits’ normal text.
7. You may offer non-monetary rewards for Contributions (“Rewards”), provided that the offering of such Rewards is lawful under all applicable laws, including without limitation provincial securities laws, and otherwise complies with the terms and conditions of this Agreement.
Any Project Funding payments may be subject to verification of the identity of you and the Project Entity, the use of funds, and the timeline of the project. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion. You and the Project Entity agree that Project Funding may only be used on behalf of the Project, and that Project Funding will not be used for any other purpose. You agree that if at any time during while a Funding Request is open or within thirty (30) days of the close of a Funding Request, HiveWire makes a good faith determination that the identity of you or the Project Entity or the timeline of the Project are not as identified in the Project Posting, or that the Project Funding has not been used solely on behalf of the Project, you will promptly refund the entire amount of Project Funding from such Funding Request to the Contributors. We may change the Fundraising Rules at any time upon notice to you. If you do not accept a change we make to the Fundraising Rules, you agree that your sole remedy shall be to terminate your Project Posting.
You shall have full responsibility for applicable taxes for all Project Funding paid to you under this Agreement, and for compliance with all applicable labour and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization, and with respect to your employees and contractors, including but not limited to, provincial and/or federal worker’s compensation insurance coverage requirements and any immigration visa requirements. You agree to indemnify, defend and hold HiveWire harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labour or employment requirements, including any liability for, or assessment of, withholding taxes imposed on HiveWire by the relevant taxing authorities with respect to any Project Funding paid to you.
HiveWire makes no guarantee regarding the number or amount of Contributions, or the amount of any Project Funding payment to be made to you or the Project Entity under this Agreement.
Contributing to Projects
HiveWire may provide you the opportunity as a Backer to make Contributions to Project Postings on the Service. You may contribute to any Project with an open Funding Request in any amount you choose. You may contribute to as many Projects as you like.
It is solely your choice to contribute to a Project. You understand that making a Contribution to a Project does not give you any rights in or to that Project, including without limitation any ownership, control, or distribution rights, and that the Project Entity shall be free to solicit other funding for the Project, enter into contracts for the Project, allocate rights in or to the Project, and otherwise direct the Project in its sole discretion. You further understand that nothing in this Agreement or otherwise limits HiveWire’s right to enter into agreements or business relationships relating to Projects. HiveWire does not guarantee that any Project’s Campaign Goal will be met. Any Rewards offered to you are between you and the Project Entity only, and HiveWire does not guarantee that Rewards will be delivered or satisfactory to you. HiveWire does not warrant the use of any Project Funding or the outcome of any Project.
Contributions to Projects are nonrefundable. Under certain circumstances HiveWire may, but is under no obligation to, seek the refund of Project Funding if the Project Entity misrepresents the Project or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Project Entity, and the Processor only, and that HiveWire is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor.
HiveWire makes no representations regarding the deductibility of any Contribution for tax purposes. Please consult your tax advisor for more information.
Some areas of the Service may allow Users to Submit feedback, comments, questions, and other information. You are solely responsible for your User Submissions that you Submit on the Service, and you agree that we are only acting as a passive conduit for your User Submissions. You must be the owner of all the Intellectual Property Rights (as defined below) in the Content you Submit, or have explicit permission from the owner(s) of all such rights to Submit the Content on HiveWire.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any province, state, country, territory or other jurisdiction.
You agree not to Submit Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any Content that you Submit does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. HiveWire reserves the right, but is not obligated, to reject and/or remove any Content that HiveWire believes, in its sole discretion, violates these provisions. You understand that publishing your Content on the Service is not a substitute for registering it with the Canadian Intellectual Property Office in accordance with the Copyright Act, RSC 1985 c C-42, or any other rights organization.
HiveWire takes no responsibility and assumes no liability for any User Submissions that you or any other Users or third parties Submit or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you Submit through your use of the Service, is solely your responsibility. HiveWire is not responsible for any public display or misuse of your User Submissions. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree that HiveWire shall not be liable for any damages you allege to incur as a result of such Content.
You are solely responsible for your interactions with other HiveWire Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
By posting any Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to HiveWire a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Submissions and your name, voice, and/or likeness as contained in your User Submissions, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. HiveWire reserves all rights not expressly granted herein in the Service and the HiveWire Content (as defined below). HiveWire may terminate this license at any time for any reason or no reason.
Assignment of Project-Related User Submissions
All User Submissions posted to a Project (“Project Feedback”) shall be the sole and exclusive property of the Project Creator that posted that Project. You hereby assign to the Project Creator, or its designee, all your right, title and interest throughout the world in and to any and all Project Feedback you post to that Project Creator’s Project. You hereby waive and irrevocably quitclaim to the Project Creator or its designee and HiveWire any and all claims, of any nature whatsoever, that you now have or may hereafter have for infringement of any and all Project Feedback you post to that Project Creator’s Project. If you post a Project, you acknowledge and agree that HiveWire cannot take responsibility for your use of Project Feedback and you use Project Feedback at your own risk. You hereby agree to indemnify, defend and hold HiveWire harmless from any liability arising from or relating to your use of Project Feedback.
Use of Widgets
HiveWire may give you the opportunity to post a “widget,” or code that creates an HiveWire graphic and a link to the Site, on your personal blog, social network profile, or other locations on the Internet. You agree that your use of HiveWire widgets is subject to this Agreement, that you will not post any HiveWire widget on a web page containing content that is prohibited under the “User Content” section of this Agreement, and that you will remove all HiveWire widgets immediately upon termination of this Agreement.
Our Proprietary Rights
Except for your User Submissions, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Submissions (the “HiveWire Content”), and all Intellectual Property Rights related thereto, are the exclusive property of HiveWire and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the HiveWire Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. HiveWire may terminate your account, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Additional Representations and Warranties
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing it. In connection with User Submissions, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- You have the written consent of each and every identifiable natural person in the User Submissions to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- Your User Submissions and HiveWire’s use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless HiveWire and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the Canada or any other country; (v) any claim or damages that arise as a result of any of your User Submissions or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HIVEWIRE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
HIVEWIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HIVEWIRE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HIVEWIRE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HIVEWIRE, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL HIVEWIRE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIVEWIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HIVEWIRE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HIVEWIRE HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HIVEWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from its facilities in the Ontario, Canada. HiveWire makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Ontario, Canada.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HiveWire without restriction.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in Ontario, Canada; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over HiveWire, either specific or general, in jurisdictions other than Ontario. This Agreement shall be governed by the internal substantive laws of the province of Ontario, without respect to its conflict of laws principles. Any claim or dispute between you and HiveWire that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada.
B. Notification Procedures. HiveWire may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by HiveWire in our sole discretion. HiveWire reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
C. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by HiveWire via the Service, shall constitute the entire agreement between you and HiveWire concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both HiveWire and User. HiveWire reserves the right to change the terms of this Agreement at any time upon notice to User by e-mail or on its webpage. Such changes by HiveWire shall be effective upon notice to User and User’s continued use of the Services shall constitute User’s acknowledgement of, and agreement to, be bound by such changes. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HiveWire’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at info@csiCatalyst.org with any questions regarding this Agreement.
© 2013 HiveWire Inc.
All Rights Reserved.