Last updated: November 17, 2015
Welcome To HiveQuest.
Services Description: HiveQuest is a place to do group challenges around values, goals, and interests. Using HiveQuest, people (“Users”) have a simple way to create a challenge (when Users create a challenge, they are known as “Organizers”), then add posts, photos, questions, links, files, videos, and events, and chat with other members. HiveQuest challenges where these activities occur (“Challenges”) can be either public or invite only.
Challenges: We hope that you will enjoy the Challenges offered through the Service, whether as a User or as a Organizer. By using the Service, you acknowledge that you participate in any Challenges at your own risk, and HiveQuest is not responsible or liable for any results or lack of results related to your participation in or creation of Challenges.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify HiveQuest of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. HiveQuest will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: HiveQuest reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HiveQuest shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that HiveQuest may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on HiveQuest’s servers on your behalf. You agree that HiveQuest has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that HiveQuest reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that HiveQuest reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”), or email or otherwise transmit or use via the Service. Visit our Acceptable Use Policy for complete details.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan or make an individual payment and provide HiveQuest information regarding your credit card or other payment instrument.
HiveQuest respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please let us know.
HiveQuest will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Please see our Intellectual Property Policy for complete details.
YOUR USE OF THE SERVICE, INCLUDING YOUR PARTICIPATION IN CHALLENGES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HIVEQUEST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HIVEQUEST MAKES NO WARRANTY THAT (I) THE SERVICE, OR ANY CHALLENGES OR ACTIONS, WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR ANY CHALLENGES OR ACTIONS, WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CHALLENGES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HIVEQUEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HIVEQUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, 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 CHALLENGES, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES OR IMAGES 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. IN NO EVENT SHALL HIVEQUEST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID HIVEQUEST IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
You agree that you are solely responsible for your interactions with any other User in connection with the Service, and HiveQuest and its business partners will have no liability or responsibility with respect thereto. HiveQuest reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Service.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”), or email or otherwise transmit or use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by HiveQuest. HiveQuest reserves the right to investigate and take appropriate legal action against anyone who, in HiveQuest’s sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities. You agree to not use the Service to:
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or transmit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use and may not be used for direct commercial endeavors.
User Content Posted on the Service: You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other Users or recipients (collectively, “User Content”).
You are solely responsible for the content and other materials you post on or through the Service or transmit to or share with other Users or recipients (collectively, “User Content”).
You will not post any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein.
By posting any User Content you acknowledge and agree that you understand that you retain all copyright and rights of the User Content and that you do not give up those rights by using the Service. You agree that HiveQuest and/or the Integrated Services need a license in order to offer your User Content via the Service or Integrated Services (as described below) and this license does not mean that we or our business partners have any ownership claims on your User Content.
In connection with your use of the Service, you hereby grant and will grant HiveQuest and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). You agree that this license includes the right for HiveQuest to make User Content available to other companies, organizations, or individuals who partner with HiveQuest or its business partners for the syndication, broadcast, distribution or publication of User Content on other media and services in the delivery of the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to HiveQuest are non-confidential and HiveQuest shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: HiveQuest respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify HiveQuest of your infringement claim in accordance with our process set forth below.
HiveQuest will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to email@example.com. (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
605 Hillsborough St Unit 4
Oakland, CA 94606,
To be effective, the notification must be in writing and contain the following information:
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received, HiveQuest will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, HiveQuest has adopted a policy of terminating, in appropriate circumstances and at HiveQuest's sole discretion, Users who are deemed to be repeat infringers. HiveQuest may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by HiveQuest, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Application or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of HiveQuest, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by HiveQuest.
Special Notice for International Use; Export Controls: Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. HiveQuest has no control over such sites and resources and HiveQuest is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that HiveQuest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that HiveQuest is not liable for any loss or claim that you may have against any such third party.
In addition, HiveQuest is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Integrated Services. As such, HiveQuest is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Integrated Services. HiveQuest enables these features merely as a convenience and the inclusion of such features does not imply an endorsement or recommendation.