TERMS OF SERVICE AND COPYRIGHT POLICY
These Terms apply to visitors and registered users of the Services and are legally binding terms. By accepting these Terms or using the Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Service and must leave this website. Welcome to www.hyperfair.com, an innovative virtual trade show service offered by Hyperfair, Inc. ("Hyperfair," "we," "us," or "our"). By accessing this website, you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement") which also set forth your conditions of use as a registered user of our service ("Service"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Access & Use
- You must be at least thirteen (13) years old, or at least the minimum legal age in the jurisdiction from which you are viewing our website, in order to access or use the Service.
- You cannot access or use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
- You must not modify, adapt, or hack into this website or modify another website so as to falsely imply that it is associated with this website.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Hyperfair may at its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Use of the Services requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to use such Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.
In order to use our Service, you are required to register. In order to register, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. You will be asked to choose a password and a user name. You are entirely responsible to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree that you will not use the Services in a manner that is offensive, that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and that you are solely responsible for compliance with all such laws and regulations. You further agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You further agree not to upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Hyperfair or other users of Services. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which you reside. Hyperfair reserves the right to investigate and take appropriate action against anyone who, in Hyperfair's sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Services is void where prohibited. Although Hyperfair is not responsible for any content in violation of this provision, Hyperfair may delete any such Content of which Hyperfair becomes aware, at any time without notice to you. You retain copyright and any other rights you already hold in content which you submit, post or display on or through, the Services. You agree to notify us immediately of any unauthorized use of your account. Hyperfair is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account at any time. If you violate this Agreement, we may, at our sole discretion, terminate your account, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that we believe is appropriate.
Ownership, Proprietary Information, and Intellectual Property.
Hyperfair Intellectual Property
Subject to this Agreement, and except for content provided by Users, or linked to or from an external source, all other information and materials that appear as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively, ("Intellectual Property") are the property of Hyperfair, Inc. The website as a whole and all of the Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given written permission to use by Hyperfair, Inc., you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part. Except for that information which is in the public domain or for which you have been given written permission to use or publish, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this website, in whole or in part.
The Service will give Users the opportunity to publish and/or link User comments and opinions. Users are permitted to publish such content only as part of the Service and hereby grant to Hyperfair a perpetual, irrevocable, royalty-free license to publish, edit, copy, assign, license, transfer, syndicate, sell or otherwise use such User comments and opinions.
Third party content that you link or publish belongs to such third parties as applicable. Hyperfair respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act ("DMCA") regarding such rights. By submitting any materials or photographs through this website, (1) you are granting permission to have this material posted this website, and (2) you are representing that you are the rightful owner of the submitted material and that no other person or entity may claim rights to such material. Hyperfair reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights Hyperfair may have under law or contract. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Hyperfair, Inc., c/o Orrick Herrington & Sutcliffe LLP 405 Howard Street CA 94105 CA attn. Matteo Daste.
You are hereby granted a non-exclusive license to view the content on the website, but only while accessing the website. Except to the extent required for the limited purpose of reviewing material on the website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website. Permission to use the Service terminates automatically if you breach any of the terms and conditions of this Agreement. You agree that you are only authorized to visit, view, and retain a copy of pages of the website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the website for any purpose, unless specifically authorized by Hyperfair. If Hyperfair authorizes you to deep-link a website or a service offered by your website to Hyperfair, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Hyperfair has no obligation to continue to provide or make the Service available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Service remain in effect; (3) all intellectual property rights relating to Hyperfair and its technology, including all ownership rights, remain the exclusive property of Hyperfair; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Hyperfair may terminate at any time in its sole discretion your use of the Service.
Unauthorized use of the service
You shall not use the Service for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights, or (to the extent protectable) confidential ideas. Illegal and/or unauthorized uses of the website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
It is possible that other users of the Services ("Users") may violate one or more of the above prohibitions. Hyperfair assumes no responsibility or liability for such violation. If you become aware of any violation of this Agreement in connection with use of the Services by any person, please contact Hyperfair at email@example.com. Hyperfair may investigate any complaints and violations that come to its attention and may take any action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. However, because situations and interpretations vary, Hyperfair also reserves the right not to take any action. Under no circumstances will Hyperfair be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content. If at any time you are not happy with the Services, your sole remedy is to cease using the Services.
Posting content or linking
Hyperfair reserves the right, but not the obligation, to refuse to post or to remove any User content or a linked source if it contains or features any of the following unacceptable content:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech); References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
- Messages commenting on other users;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of this website, as determined by Hyperfair in its sole discretion.
- Content determined by Hyperfair to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
- Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Hyperfair at firstname.lastname@example.org.
Although Hyperfair cannot monitor the conduct of its users off the website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Violation of the terms
You agree that monetary damages may not provide a sufficient remedy to Hyperfair for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
Disclaimers and limitations
- Disclaimer. THE WEBSITE CONTAINS, FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. HYPERFAIR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYPERFAIR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitations. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HYPERFAIR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. No arbitration or other claim under this Agreement may be brought by either party against the other more than one (1) year after the cause of action arises. Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason of any event beyond its reasonable control, including any act of God, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications.
- Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HYPERFAIR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HYPERFAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify, defend, and hold harmless Hyperfair, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the website and/or software. Hyperfair reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Hyperfair in asserting any available defenses.
Changes to this agreement
Hyperfair reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement, the Service and the website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of the Service.
In the event your access to the Service is terminated, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Hyperfair shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Francisco, California, USA, in all disputes arising out of or relating to the use of our Service. Use of our Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Service. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements. All rights not expressly granted herein are hereby reserved. This Agreement is the entire and final Agreement regarding our Service, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to such Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Effective Date: May 24th, 2018.