HiveSight welcomes You to our website (together with its Content, as defined below, and other offerings, the “Site”). Please read the following Terms of Use (“Terms”) carefully before using this Site so that you (“You” or “Your”) are aware of Your legal rights and obligations with respect to HiveSight sprl, its affiliates and subsidiaries (individually and collectively, “HiveSight” or “We”).
We reserve the right, at our discretion, to modify these Terms. We will inform You regarding such modifications by either notifying You via Your email address or by posting such changes on the Site. Your continued use of this Site following the posting of such changes will mean You accept those changes.

1. Your Acceptance

By using or visiting this Site, including without limitation contributing to or viewing the Site’s Content (as defined below), You signify Your assent to (1) these Terms; and (2) HiveSight’s privacy policy at http://www.hivesight.com/privacy.html (“Privacy Policy”). These Terms apply to all users of the Site. If You do not agree to these Terms or the Privacy Policy then please do not access or otherwise use the Site or any information contained herein.

2. Ability to Accept Terms

You affirm that You are over the age of 18, as the Site is not intended for children under 18.

3 .Website Access and Limited License

1. HiveSight hereby grants You permission to use the Site and the Content (as defined below), provided that: (i); Except as expressly provided herein, You will not copy, distribute or modify any part of the Site or the Content without HiveSight’s prior written authorization; (ii) You will not disrupt servers or networks connected to the Site; and (iii) You comply with any applicable law and not use Content in a fraudulent way; (iv) You will not expose or transmit material that is offensive, harmful to minors, indecent or otherwise objectionable; and (v) You comply with these Terms. Failure to abide by the Terms will result in automatic and immediate termination of any license granted herein.
   
   • Subscription Level One: Provided that you are eligible for use of the Site, you are granted a limited, personal, non-commercial, non-exclusive, non-transferable, and non-assignable license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for such limited use and for no other purpose, provided that you keep all copyright or other proprietary notices intact and provide the following attribution (together with the notices, “Attribution”): “Consumer insights and market information identified here were derived using HiveSight technology at www.hivesight.com.” Subscription Level One governs unregistered access and use of the Site.
   • Subscription Level Two: If you subscribe to HiveSight’s business tools by registering on the Site and paying of any fees required, you are eligible for an additional license, whereby you are also granted limited rights to use the Content, with the Attribution intact and subject to the limitations and obligations above, to adapt, translate, modify, bundle with other information, and/or convert the Content into such format as is necessary and desirable for internal information purposes within your corporate or commercial organization.
   • Subscription Level Three: In addition to the rights, limitations and obligations in Subscription Level Two, You are also granted the limited right to:
     i) integrate identified HiveSight data into an application You develop (“Licensee Application”) using the Site’s Application Programming Interface (“API”); and
     ii) sell, offer, use, copy, distribute, produce, publicly perform, transmit and make available to the public, or otherwise exploit the Content or any reasonable extracts from and/or adaptations thereof, for commercial use as such Content is accessed through either the HiveSight website or through a Licensee Application.
     Subscription Level Three is subject to additional arrangements and fees. Please contact HiveSight at contact@hivesight.com.
2. If you are an operator of a public search engine, You are granted permission to use robots, spiders, and off-line readers to copy, cache, and archive publicly available materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, In all cases limited to the license granted in Subscription Level One. Such robots, spiders, and off-line readers shall follow the HiveSight directives set in the robots.txt file located at www.hivesight.com/robots.txt. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor use any communication systems provided by the Site for any commercial solicitation purposes. HiveSight reserves the right to revoke this permission either generally or in specific cases.
3. HiveSight has the right to terminate Your access to the Site and any license granted hereunder, in its sole discretion, immediately and with or without cause.

4. Intellectual Property Rights

HiveSight reserves all rights in the Content on the Site and the API, including without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, user submissions, user generated content, search panels, search results, and any other content on the Site ("Content") and the HiveSight trademarks, service marks and logos contained therein, including but not limited to HiveSight and the HiveSight logo ("Marks"). Except as expressly provided herein, Content and Marks are provided to You “AS IS” for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without HiveSight’s prior written consent. HiveSight reserves all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein and provide the following attribution: “Consumer insights and market information identified here were derived using HiveSight technology at www.hivesight.com.” You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
You understand and acknowledge that HiveSight may be independently creating applications, content and other products or services that may be similar to your Licensee Applications and nothing in this Agreement will be construed as restricting or preventing HiveSight from creating and fully exploiting such applications, related content and other items, without any obligation to You.

5. Disclosure

We reserve the right to access, read, preserve, and disclose any personal information, user submissions and user generated content (whether published or not) or any other information as we believe is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce these Terms, including investigation of potential violations of same, (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 HiveSight, its users or the public.

6. Links

The Site may contain links to third party websites that are not owned or controlled by HiveSight. HiveSight is not affiliated with those websites, has no control over those websites, and assumes no responsibility for the content, privacy policies, or practices of any such websites. In addition, HiveSight will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release HiveSight from any and all liability arising from Your use of any third-party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.

7. Marketing Disclaimer

HiveSight’s website is aimed at providing general information about consumer insights and markets. This website does not presume to provide any legal or business advice, including any instruction on the appropriate use of products of HiveSight, its affiliates or any licensors.

8. Information Description

HiveSight attempts to be as accurate as possible. However, HiveSight cannot and does not warrant that the Content is accurate, complete, reliable, current, or error-free. HiveSight reserves the right to make changes in or to the Content, or any part thereof, according to its sole judgment, without the requirement of giving any notice prior to or after making such changes. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

9. Limitation of Liability and Warranty

THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND HIVESIGHT, THE SITE (INCLUDING THE CONTENT, THE API, AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, HIVESIGHT DOES NOT GUARANTEE THAT THE SITE OR THE API WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT HIVESIGHT WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT HIVESIGHT SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, HIVESIGHT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
UNDER NO CIRCUMSTANCES SHALL HIVESIGHT, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES, EVEN IF HIVESIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT HIVESIGHT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 6 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AND HIVESIGHT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

10. Application Programming Interface (API)

HiveSight licenses an API which permits You (the “API Licensee”) to develop Licensee Applications. These Licensee Applications are based on the HiveSight API but are not endorsed or certified by HiveSight. You are solely and directly responsible for the Licensee Application You have created.
You agree that whenever utilizing the Licensee Application You will state as follows: “Consumer insights and market information identified here were derived using HiveSight technology at www.hivesight.com, but are not endorsed or certified by HiveSight”.

11. Indemnity

You agree to defend, indemnify and hold harmless HiveSight, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) Your use of the Site; (ii) Your violation of these Terms; or (iii) Your violation of any third party right, including without limitation any intellectual property or privacy right.

12. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HiveSight without restriction.

13. Survival

The provisions in the paragraphs above labeled INTELLECTUAL PROPERTY RIGHTS, DISCLOSURE, LIMITATION OF LIABILITY AND WARRANTY, INDEMNITY, and GENERAL will survive any termination or expiration of these Terms.

14. General

HiveSight reserves the right, in its sole discretion, to discontinue or modify any aspect of the Site or the API at any time. These Terms, the Privacy Policy and the relationship between You and HiveSight are governed by and construed in accordance with the laws of Belgium, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Brussels, Belgium and waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms, together with the Privacy Policy and any other legal notices published by HiveSight on the Site, shall constitute the entire agreement between You and HiveSight concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, LIMITATIONS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE AGREE BUTTON, REGISTERING AND/OR USING THE SITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS.
Contact Us In case of any questions or inquiries about the Terms or their implementation, please contact us at contact@hivesight.com.

Last modified: August 26, 2008