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The following terms and conditions govern all use of the HiveSight website and all content, services and products available at or through the website (taken together, the Service). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this web site by HiveSight (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the HiveSight web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. 1. Your Account You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner. You must immediately notify HiveSight of any unauthorized uses of your account or any other breaches of security. HiveSight will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. 2. Fees and Payment During the initial phase of its operation of the Service (the "Beta Period"), HiveSight has chosen to offer the Service free of charge. The Beta Period shall end at a time when HiveSight chooses, at its sole discretion, after which it may require payment for all or part of the Service, including those parts of the Service that were offered free of charge during the Beta Period. 3. Support During the Beta Period, HiveSight provides technical support assistance concerning the use of the Service by email only. We make no guarantees with regards to the time it takes us to respond to support requests. We may, at our discretion, change this policy or offer VIP support at a fee on a later date. 4. Responsibility of Website Visitors HiveSight produces the information displayed on the Website from information posted by others on various web sites. That information is treated as-is. By operating the Website, HiveSight does not represent or imply that it endorses the material that it collects, or that it believes such material to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HiveSight disclaims any responsibility for any harm resulting from the use by visitors of the Website. 5. Intellectual Property This Agreement does not transfer from HiveSight to you any HiveSight or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HiveSight. HiveSight, "Consumers at a Glance", HiveSight.com, and all other trademarks, service marks, graphics and logos used in connection with HiveSight, or the Website are trademarks or registered trademarks of HiveSight. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HiveSight or third-party trademarks. 6. Changes HiveSight reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HiveSight may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 7. Termination HiveSight may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 8. Disclaimer of Warranties The Website is provided "as is". HiveSight and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HiveSight nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. 9. Limitation of Liability In no event will HiveSight, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data. HiveSight shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. 10. General Representation and Warranty You represent and warrant that (i) your use of the Website will be in strict accordance with the HiveSight Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party. 11. Indemnification You agree to indemnify and hold harmless HiveSight, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement. 12. Miscellaneous This Agreement constitutes the entire agreement between HiveSight and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HiveSight, or by the posting by HiveSight of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the country of Belgium, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts of Brussels, Belgium. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HiveSight may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. |
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