Next Hyype Ltd. (Name of the website) (hereinafter referred to as the “website”) and Next Hyype Ltd. (Name of the App) (hereinafter referred to as the “App”) are owned and operated by Next Hyype Ltd. (Name of the Company that owns the website and pp) (hereinafter referred to as the “Company” and “Company”, “website” and “App” shall together/collectively be referred to as “We” or “Us” or “Our”), with its office located at Next Hyype Ltd.Next Hyype Ltd.. The Company provides an online music sharing platform on which Artists may upload their own songs and listeners may search for artists, podcasts, bands, tracks etc (Artists and listeners shall hereinafter collectively be referred to as “Users” or “You” or “Your”) (hereinafter referred to as the “Services”).
By using Next Hyype the Site and App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content, and your participation in the Referral Program, and constitute a binding legal agreement between you and us.
This website and the application reserve the right to recover the cost of services, collection charges and lawyers fees from persons using the Site or application fraudulently. This website and the application reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site or application and any other unlawful acts or acts or omissions in breach of these terms and conditions.
IN USING THIS WEBSITE Next Hyype AND APPLICATION Next Hyype YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS AND CONDITIONS SET FORTH HEREIN. ANY INCIDENTAL DOCUMENTS AND LINKS MENTIONED SHALL BE CONSIDERED TO BE ACCEPTED JOINTLY WITH THESE TERMS. YOU AGREE TO USE THE WEBSITE AND APPLICATION ONLY IN STRICT INTERPRETATION AND ACCEPTANCE OF THESE TERMS AND ANY ACTIONS OR COMMITMENTS MADE WITHOUT REGARD TO THESE TERMS SHALL BE AT YOUR OWN RISK. BY ACCESSING THIS WEBSITE, APPLICATION INDICATES YOUR UNDERSTANDING, AGREEMENT TO AND ACCEPTANCE, OF THE DISCLAIMER NOTICE AND THE FULL TERMS AND CONDITIONS CONTAINED HEREIN.
1.1 Next Hyype (Name of the website) and/or Next Hyype (Name of the App) shall mean the online music/audio sharing platform which allows Users to post/upload their own songs/audio and/or search bands, tracks, artists, podcasts on our website/app.
1.2 “Artists” shall mean the User who shall create an account on our website/app in order to upload/post his/her own music/audio via our website/app.
1.3 “Listeners” shall mean the User who shall create an account on our website/app in order to search and listen to artists, tracks, band, podcasts etc. on our website/app.
1.4 “Users” shall mean and include Artists and Listeners who create their account on our website and/or App in order to use our website and/or App services. User shall also be referred to as Member.
1.5 “Account” shall mean the Accounts created by the Users on our website and/or App in order to use the Services provided by our website and/or App and requires information such as name, age, email address, address, contact number etc.
1.6 “Content” shall mean text, graphics, images, music, audio, video, information or other materials.
1.7 “User content” shall mean all Content that a User posts, uploads, publishes, submits or transmits to be made available through our website and/or App.
1.8 “Website and/or App Content” shall mean all Content that our website and/or App makes available, including any Content licensed from a third party, but excluding User Content.
1.9 “Postings” shall mean uploading songs/audio on our website/app or any text, images, graphics, pictures etc. posted/uploaded/submitted by Users on our website/app. This shall also be referred to as User Submitted material.
1.10 “SNS” shall mean Social Networking Site such as Facebook, Twitter etc.
1.11 “Third parties” shall mean any outside parties which are not a part of our website and/or App.
2.1 The official language of these terms shall be English.
2.2 The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
2.3 In case there exists a machine readable version of this agreement, arises a conflict with the human readable version, the later shall prevail.
- ELIGIBILITY OF MEMBERSHIP:
3.2 Our website/app reserves the right to terminate your membership and refuse to provide you with access to the website/app if we discover that you are under the age of 18 years. The website/app is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
3.3 Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website/app you agree to be bound by the Terms and Conditions.
3.4 We may, at our sole discretion, refuse to offer access to or use of the website/App to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website/App is revoked in such jurisdictions.
3.5 Unauthorized Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the website/App. Any such unauthorized use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- ACCOUNT REGISTRATION:
4.1 Registering on our website is free and in order to avail our services via our app, you shall be required to download our app on your mobile phone for free.
4.2 You may browse the Site/app and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name (“User ID”).
4.3 In order to create an account and register with us you shall either create an account with us in the manner as specified in Clause 4.4 or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website and/or App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
- a) In cases where you do not register with us using your SNS account and wish to register directly with us in order to use the website/App or the Services, you must register for an account with us (an “Account”) by providing certain personal information such as name, email address, contact number and password. After providing us with the stated personal information and accepting our terms and conditions, you shall click on Submit by which your information will be submitted to us and your account will be created.
- b) You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.5 You are responsible for safeguarding and maintaining the secrecy of your access credentials for the website/App, including, but not limited to, the password that you use to access the website/App. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website/App account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
4.6 You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
4.7 When creating an Account, don’t:
- a) Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- b) Use a username that is the name of another person with the intent to impersonate that person;
- c) Use a username that is subject to rights of another person without appropriate authorization; or
- d) Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
4.8 We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at Next Hyype Ltd.__ (email address).
4.9 Only one account is allowed per person. You may not transfer or sell your website/App account and User ID to another party.
4.10 Our Services are not available to temporarily or indefinitely suspended members. We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
4.11 You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in the Agreement and our policy documents listed on the App as well as all other operating rules, policies and procedures that may be published from time to time on the website/App by us, and each of which may be updated by us from time to time without notice to you.
5.1 We offer hosting services to Users. Our website/app offers to its Users an online music sharing platform on which Artists shall upload their own song/audio and listeners shall search artists, tracks, band, podcasts etc and listen to them via our website/app.
5.2 The Users shall save tracks, follow artists and build playlists on our website/app.
5.3 Our website/app helps artists in connecting with their fans and thus, grow their audience.
5.4 Our website/app also offers location based and sales features to its Users.
5.5 The only rights we take are the obvious ones we need in order to run the service. For example, the right to host the music you upload, stream and sell it on your behalf, display whatever lyrics and artwork you put on the site/app, and so on.
5.6 You must own or control all rights to everything you upload.
6.1 Our website and/or App shall have no ownership rights to the User’s postings.
6.2 Our website and/or app are only for Users personal use. Users shall not distribute exchange, modify, sell or transmit anything they copy from our website and/or App, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
6.3 Our website and/or app reaffirms that it does not accept any liability for any conduct, action, omission or transaction committed by users. The users represent and warrant that they are using the services of our website and/or application at their own risk.
6.4 We reserve the right, at any time and without prior notice, to remove or disable access to any Posting for any reason, including Postings that our website and/or App, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to our website and/or App.
6.5 The contents of any posting are the sole responsibility and liability of the Users. Users expressly acknowledge that they are responsible for the authenticity and veracity of the photos and/or videos and/or audio posted by them.
6.6 Users expressly consent to the fact that our website and/or App DOES NOT act as a guarantor or insurer for the conduct of the Users or any of the Postings they have posted.
6.7 None of our website and/or app’s actions shall be construed as an endorsement of a User or the postings shared by the User.
6.8 Your Content and the availability thereof on our website/app does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
6.9 You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on our website/ap.
6.10 You are solely responsible for all of Your Content that you upload, post or distribute to, on or through our website/app, and to the extent permissible by law, we exclude all liability with respect to all User Content and the activities of its users with respect thereto.
7.1 Registering on our website and/or App is free for now. Our website/App may charge certain fees in the future which shall be subject to change at our discretion without any notice to the User. Thus Users continued use of our services shall deem to be acceptance to the change in the payment terms and they represent and warrant to pay the fees and adhere to the payment terms as fixed by us.
7.2 Our website/App shall take payments by a range of payment gateways supported by our website’s/app’s third party payment processors.
- PAYMENT GATEWAYS:
8.1 Users expressly agree and acknowledge that our website/App may employ or collaborate with third party payment gateways using secure connections in order to facilitate, distribute, transact and receive payments for the Services offered and received on or through our website/App.
8.2 Our website/App reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
8.3 Our website/App may store and process card and bank information necessary to collect payments from Users. All transactions are completed through third party payment gateways and at no point of time our website/App assumes any liability for any loss of data or wrongful payment or invalid payment processing by such a third party. Users agree that Users will hold our website/App harmless against any such dispute or legal claim.
9.1 All right, title, and interest in and to the website/App (excluding postings/content provided by the users) is and will remain the exclusive property of Next Hyype Ltd. (name of the website and app) and our licensors. The website/App service is protected by copyright, trademark, and other laws of Next Hyype Ltd.___. Nothing in these Terms gives you a right to use the name of the website/App or website/App’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website/App or located on the website/App. Any feedback, comments, and suggestions you may provide regarding the website/App (“Feedback”) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
9.2 By uploading or posting Your Content on our website/app, you initiate an automated process to transcode any audio Content and direct us to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content on our website/app and elsewhere using the Services.
9.3 By uploading Your Content on our website/app, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of our website/app, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services (“Linked Services”), to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of our website/app from time to time, and within the parameters set by you using the Services.
9.6 Any Content other than Your Content is the property of the relevant person who uploads content, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the person who uploads it on our website/app or with the express written consent of the said person. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant person uploading content on our website/app.
- USER CONTENT:
10.1 Any content/materials (postings) submitted by you, are subject to the following terms and conditions:
- a) You will retain ownership of such User Submitted Materials, and you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials.
- b) You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- d) User Submitted Materials that violate these Terms may be removed from our website/App; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal or non-removal of any User Submitted Materials from our website/App. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
- USERS CONDUCT:
11.1 You may access and use our website/App solely for your personal, noncommercial use. Except as expressly authorized hereunder, our website/App may not be reproduced, duplicated, copied, sold, resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue our website/App, in whole or in part, at any time in our sole discretion.
11.2 Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use our website/App, including any images, text, graphics, sounds, data, links and other materials incorporated into our website/App (other than your User Submitted Materials), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of our App or create derivative works of any portion our App without our written consent. While using our website/App, you agree not to:
- a) Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
- b) Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address or other contact information;
- c) Restrict or inhibit any other user from using our website/App, including, without limitation, by means of “hacking” or defacing any portion our website/App;
- d) Violate any applicable laws or regulations;
- e) Upload to, transmit through, or display on our website/App (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any confidential, proprietary or trade secret information of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- f) Engage in spamming;
- g) Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, or other destructive items;
- h) Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of our website/App; and
- i) Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of our website/App.
11.3 If you fail to comply with the above rules, such failure will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of our website/App.
- PROHIBITED CONTENT:
12.1 You agree not to:
- a) Record, transmit, upload, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- b) Harm minors in any way;
- c) Impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any of our messages or Content transmitted through our App;
- e) Record, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary or confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement);
- f) Record, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party;
- g) Record, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- h) Interfere with or disrupt the App or servers or networks connected to the website/App, or disobey any requirements, procedures, policies, or regulations of networks connected to the website/App;
- i) Intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
- j) “Stalk” or otherwise harass another; and/or
- k) Collect or store personal data about any other users.
12.2 You shall not post on our website/App, any content that:
- a) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- b) harasses or advocates harassment of another person;
- c) exploits people in a sexual or violent manner;
- d) contains nudity, excessive violence, or offensive subject matter or links to an adult website;
- e) solicits or is designed to solicit personal information from anyone under age 13;
- f) solicits or is designed to solicit an inappropriate or unlawful relationship with another member or other User;
- g) publicly post information that poses or creates a privacy or security risk to any person (including, for example, by publicly posting any person’s contact information on our Services without authorization);
- h) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- i) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music, video or links to pirated music or video files;
- j) furthers, promotes or depicts any illegal or criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- k) depicts firearms or other weapons that is not related to sportsman activities;
- l) solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from members;
- m) includes a photograph or video of another person that you have posted without that person’s consent;
- n) uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or
- o) violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
12.3 You acknowledge that while we do not, in the ordinary course, access, review, or pre-screen Content, we have the right (but not the obligation), in our sole discretion, to access, review, pre-screen, refuse, or remove any posting that is available via our website/App. Without limiting the foregoing, we have the right to remove any posting that violates these Terms or is otherwise objectionable in our sole discretion. We also reserve the right to access, preserve, and disclose any Content or information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms, including, but not limited to, investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of our website/App, its users, and the public.
- INTELLECTUAL PROPERTY RIGHTS:
14.1 Our Services contain Content owned by Next Hyype Ltd. (Name of the Company). Our Content is protected by copyright, trademark, patent, trade secret and other laws, and the website/App owns and retains all rights in its Content and the services. From time to time, we may make available to Users certain explicitly designated Content for their use, but only for such purposes as may be explicitly stated at the time that the website/App’s Licensed Elements are made available on the website/App; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Licensed Elements. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, website/App’s Content, and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of our Content and/or our Licensed Elements, subject to certain Additional Terms. You are only granted a limited license, and, as between you and us, there is not a sale with respect to our Content.
14.2 We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. For a detailed description regarding Copyright, please go through our Copyright Information Policy published on our website.
14.3 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
14.4 Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is: Next Hyype Ltd.Next Hyype Ltd. Kscott4562@gmail.com(email address of the copyright agent of the website/App to whom copyright infringement complaints can be filed).
- NO WARRANTY AS TO THE IDENTITY OF THE USERS:
Our website/App takes reasonable precautions to collect accurate information about the identity of the Users on our website/App. However, our website/App must inform Users that it is highly difficult for us to verify each and every User. Thus, we expressly state that our website/App does not provide any warranty as to the real identity or all other personally identifiable information about the Users.
- THIRD PARTY LINKS:
16.1 The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
16.2 You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
16.3 Linked Services created by third party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.
16.5 In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
16.6 We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
16.7 Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
17.1 We may, at any time and without notice, suspend, cancel, or terminate your right to use the website/App (or any portion of the website/App). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website/App affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website/App and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
17.2 Without limiting the foregoing, we may close, suspend or limit your access to our website/App:
- if we determine that you have breached, or are acting in breach of, this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
17.3 If we close your Account due to your breach of this User Agreement, you may also become liable for any seen or unforeseen (amount) of fees.
17.4 In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- MODIFICATIONS TO THE WEBSITE/APPLICATION OR SERVICES:
18.1 We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the website/App or Services as so modified.
18.2 You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. If you want to terminate any Services, you may do so by notifying us at any time. Your notice should be sent, in writing, to our address mentioned above. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. TERMINATION OF YOUR ACCOUNT WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH YOUR USE OF THE SERVICES, WHETHER SUCH OBLIGATION IS TO US OR A THIRD PARTY.
- DISCLAIMER OF WARRANTIES:
19.1 ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APP ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APP OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE/APP, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APP IS AT YOUR SOLE RISK.
19.3 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the website/App.
- LIMITATION OF LIABILITY:
20.1 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES. WE SHALL ALSO NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE WEBSITE/APP, INCLUDING, BUT NOT LIMITED TO, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF MEMBERS AND OTHER USERS OR THIRD PARTIES; (D) ANY CONTENT OBTAINED FROM THE WEBSITE/APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
20.2 IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF Next Hyype Ltd.___ (amount). FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITS THE LIABILITY OF ALL WEBSITE/APP ENTITIES IN THE AGGREGATE TO THE AMOUNT STATED.
20.3 THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT ANY OF THE WEBSITE/APP ENTITIES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
20.4 IF ANY OF THE ABOVE LIMITATIONS DOES NOT APPLY TO YOU BECAUSE YOU ARE ACCESSING WEBSITE/APP FROM A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THESE LIMITATIONS WILL APPLY TO YOU TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW.
- FOREIGN JURISDICTION:
The services of our website/App are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website/App in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the website/App and to block access from any jurisdiction in which participation is illegal or restricted
23.1 You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the website/App or services.
23.2 We make no representations or warranties as to the conduct of Users on our website/App.
24.1 Any notices must be given by postal mail to us;
Attn: Legal Department Next Hyype Ltd.
Flat 30 The Hub
24.2 In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
- MOBILE APPLICATION:
25.3 The following applies to any App Store Sourced Application:
- b) You acknowledge that App store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- GOVERNING LAW AND JURISDICTION:
These Terms and any action related thereto will be governed by the laws of The United Kingdom without regard to or application of its conflict of law provisions or your state or country of residence. You agree to submit to the exclusive jurisdiction of the courts in Next Hyype Ltd. and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- DISPUTE RESOLUTION AND ARBITRATION:
In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts. .
- NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- DIGITAL SIGNATURE:
31.1 By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
31.2 In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the App, you give us permission to provide these records to you electronically instead of in paper form.
31.3 By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the website/App Services, and you will no longer be able to use the website/App or the website/App Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
31.4 In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website/App or by contacting Customer Support.
32.1 You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law, merger, or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
32.2 We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- ENTIRE AND UNMODIFIED AGREEMENT:
- FORCE MAJEURE:
The website/App shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
35.1 Our website/App’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at Next Hyype Ltd. @nexthyype.com(email address).
35.2 You consent to receive notices and information from us in respect of the website/App and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
- CONTACT US:
We are always there to help you at firstname.lastname@example.org(email address). You can send us notices or any other communication at email@example.com (email address).
- ADDRESS AND INFORMATION:
Our Permanent Address is available via email request at firstname.lastname@example.org. Our legal representatives can be contacted via this email as well. Our Dispute Resolution team can be contacted at email@example.com (email address).