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Provide you with accurate contact information: PLEASE READ THESE TERMS OF SERVICE ("TOS") CAREFULLY BEFORE USING HYKE TECHNOLOGIES INC’S WEBSITES, WEB APPS, MOBILE APPS, AND/OR OTHER PRODUCTS AND SERVICES. THESE TOS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These TOS govern your use of all products and services owned, operated, or controlled by HYKE Technologies Inc. (“HYKE,” “we,” “our,” or “us”), including, but not limited to, websites, web apps, mobile apps, and any other interactive features or protocols (including mobile sites and widgets), collectively referred to as the "Products." By accessing or using the Products, registering for or requesting a demo, or uploading, submitting, or downloading any content from or to the Products, you acknowledge that you have read, understood, and agree to be bound by these TOS. IF YOU DO NOT AGREE TO THESE TOS, YOU MUST NOT ACCESS OR USE THE PRODUCTS.

Modifications

HYKE reserves the right to modify these TOS at any time. Any modifications will be effective immediately upon posting the revised TOS on our Products. We may not individually notify you of these changes; therefore, you must review these TOS regularly. By continuing to access or use our Products or Services after any modifications are posted, you indicate your acceptance of the revised TOS. If you do not agree to the modified TOS, you must discontinue your use of the Products and Services.

Privacy Policy; Additional Terms

Our Privacy Policy describes how we collect, use, and safeguard data you provide or that we collect about you through our Products and Services, and by using the Products, you consent to these practices. The Privacy Policy is accessible on the homepage of our Products. Certain Services may be governed by additional terms presented at the time of use (“Additional Terms”) and/or further agreements (“Additional Agreements”). These Additional Terms and Agreements are incorporated by reference into these TOS. In cases of conflict, (i) Additional Terms and/or Additional Agreements will supersede these TOS, and (ii) between conflicting Additional Terms and Additional Agreements, the Additional Agreement will control.

For example, current HYKE customers and prospective customers working with HYKE’s sales team may be invited to register for “HYKE,” a secure, password-protected forum where customers can review invoices and make payments. Each payment will be governed by (i) Additional Terms posted online for your review and agreement at the time of payment and (ii) any offline Additional Agreements.

Further, the Products may offer sweepstakes, contests, or other promotions governed by a unique set of rules. Your participation in these activities is subject to those rules, and it is your responsibility to review the rules to ensure your eligibility, compliance, and understanding of any sponsor requirements.

Restrictions

HYKE reserves the right, at its sole discretion and without obligation, to take any of the following actions at any time, for any reason, and without prior notice to you:

By using our Products, you agree that HYKE will not be liable to you or any third party for any actions taken under this section.

Intellectual Property Ownership

The content available on the Products, including, but not limited to, organization, graphics, text, images, audio, videos, ringtones, voice tones, wallpapers, games, contests, voting technology, applications, campaigns (defined below), artwork, information, data, designs, compilations, campaign copy, and the trademarks, logos, domain names, trade names, service marks, and trade identities; any and all copyrightable materials (including source and object code); and all other materials related to the Products and Services (collectively, “Content”) are protected by applicable copyright laws in Canada, the US, international conventions, and other proprietary rights. Such Content is owned or controlled by HYKE, its subsidiaries, affiliates, or its licensors.

Except as expressly set forth in these TOS or as otherwise granted in writing by HYKE, no rights (by implication, estoppel, or otherwise) are granted to you. All rights not expressly granted under these TOS are reserved for HYKE and/or its subsidiaries, affiliates, or licensors. Nothing in these TOS shall affect, impair, or limit in any way HYKE's rights to exploit any or all of the Content.

You are strictly prohibited from copying, reproducing, altering, rearranging, selling, leasing, renting, distributing, redistributing, modifying, downloading, exchanging, creating derivative works, uploading, posting, transmitting, or publishing any Content without the express, prior written permission of HYKE or the applicable copyright holder. You agree to abide by any additional copyright notices, information, or restrictions contained in any part of the Products or as HYKE may impose from time to time. You also agree not to remove any proprietary notices or labels contained in or on the Content.

Copying, archiving, or storing any part of the Products for purposes not permitted by these TOS is expressly prohibited without prior written consent from HYKE or the applicable copyright holder. You acknowledge and agree not to contest, challenge, aid, or abet in contesting or challenging the validity or ownership of the Content or take any action in derogation of HYKE’s rights therein. You further acknowledge that you will not acquire or claim any rights in the Content or assist anyone else in doing so.

Nothing in these TOS grants you any rights or licenses to sublicense or redistribute any portion of the Content or to rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute, or allow access to the Content. You agree not to charge any person or entity to view, listen, play, or otherwise access any Content or disseminate any Content in any manner to the public (for free or for a fee). These terms do not apply to information you submit to the Products in connection with any Services or User Upload Information addressed below.

You may not use the Products for any purpose or in any manner that infringes the rights of any third party. HYKE encourages users to report any content on its products that they believe infringe on their rights. Only the intellectual property rights owner or a person authorized to act on behalf of the owner can report potentially infringing content. If you believe that content on one of HYKE’s Products infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HYKE’s copyright agent with the following information required by the Online Copyright Infringement Liability Limitation Act:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HYKE’s copyright agent for notice of claims of copyright infringement on or regarding the Products can be reached as follows:

By Mail:

Attn: General CounselHYKE Technologies Inc., 495 Water Street, St. John’s, NL, Canada, A1E 6B5

By Email: Privacy@hykeup.com

NOTE: This contact information is solely for inquiries regarding potential copyright infringement. For other rights violations, please refer to the appropriate sections.

Other Intellectual Property and Related Complaints

If you believe that any content on HYKE’s Products infringes your rights other than copyright, please provide HYKE with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, along with information reasonably sufficient to permit us to locate the material.
  3. A detailed explanation of the rights you own and why you believe the content infringes your rights is sufficient for us to evaluate your complaint.
  4. Provide you with accurate contact information, including your name, address, email address, and phone number.

Please send your complaint regarding content on one of HYKE’s Products to:

By Mail:

Attn: Attn: General CounselHYKE Technologies Inc., 495 Water Street, St. John’s, NL, Canada, A1E 6B5

By Email: Privacy@hykeup.com

NOTE: This contact information is solely for inquiries regarding content that you believe may be infringing. Please refer to the appropriate sections for other complaints or concerns.

Other Important Information Regarding Potential Copyright Infringement or Other Content Complaints

HYKE maintains a policy of terminating users' accounts identified as repeat infringers at our reasonable discretion.

Determining whether your intellectual property rights have been violated can be complex. We may request additional information before removing any allegedly infringing material. In cases of disputed ownership, we reserve the right to temporarily remove both your content and that of the alleged infringer pending resolution.

HYKE will notify you if your materials are removed due to a third-party complaint alleging infringement of intellectual property rights. As part of our business operations, we display campaigns and listings from various companies. We encourage intellectual property rights owners who believe their rights are infringed by an advertising company to resolve disputes directly with that company.

HYKE is not positioned to arbitrate disputes between users and intellectual property rights owners or advertisers. As a courtesy, we may conduct a limited investigation of reasonable complaints, but we do not guarantee the removal of the allegedly infringing materials from our Products.

License

You are granted a revocable, non-commercial license to view, use, download, and reformat the Content solely for your personal use, subject to these Terms of Service (TOS).

For any commercial or other use of the Content, you must obtain prior written permission from us. Such use will be subject to:

  1. These TOS.
  2. Any Additional Terms governing the Content posted on the Products.
  3. Any specific requirements communicated to you at the time we grant permission.

Links

You may link to HYKE’s Products from another site, subject to the following restrictions:

  1. The linking site must not frame or create a browser or border environment around any of the Content of the Products.
  2. The linking site may link to but must not replicate the Content.
  3. The linking site must not imply that HYKE or the Products endorse, sponsor, or partner with it or its products without prior written consent from HYKE.
  4. The linking site must not present false information about HYKE or its products or services.
  5. The linking site must not use any HYKE trademarks without prior written permission from HYKE.
  6. The linking site must not contain content that could be construed as distasteful, offensive, or controversial.

We reserve the right to deny permission to link to the Products for any reason at our sole discretion. You agree to comply with the above linking requirements by linking to any of the Products.

Additionally, we may provide third-party content or link to third-party websites within the Services. We do not necessarily endorse or evaluate third-party content and websites, nor do we assume responsibility for the actions or omissions of third parties. It is advisable to review third parties' terms of use and privacy policies before utilizing their services.

Information You Submit

HYKE’s Products may include functionalities that allow you to upload or otherwise submit various forms of information, data, software, messages, photographs, artwork, proposals, invoices, discount information, HYKE campaign details, audio, video, text, and other materials (collectively referred to as “User Upload Information”). For clarity, “User Upload Information” specifically excludes Custom Campaigns (as defined below) and Your Contribution to Products (as defined below), which are governed by separate provisions.

Examples of functionalities may include forums, bulletin boards, chat rooms, or other interactive areas (collectively referred to as “Community User Forums”). You must read and adhere to any posted Community User Forum rules applicable to the areas in which you participate. Please note that HYKE, its subsidiaries, affiliates, and their respective directors, officers, employees, or representatives do not endorse the content posted in these Community User Forums.

HYKE reserves the right to suspend or terminate your access to the Products and pursue all legal remedies if we believe your User Upload Information infringes on another's copyright or otherwise violates any applicable law, rule, or regulation. Except as expressly permitted by HYKE in writing, you acknowledge that you are prohibited from accepting payment for User Upload Information. This includes, without limitation, accepting payment for the inclusion of logos, brands, or other commercial content within your User Upload Information. You agree to use Community User Forums solely to send and receive messages and materials that are appropriate and relevant to those forums.

Confidentiality and Non-Confidentiality

Except as otherwise provided in our Privacy Policy, in these Terms of Service (TOS), or in any other agreement (including but not limited to Service Agreements) or Additional Terms posted on the Products, User Upload Information will be treated as non-confidential and non-proprietary. HYKE will not be liable for any use or disclosure of User Upload Information to any third party, including, but not limited to, claims from intellectual property owners. You should not submit User Upload Information that you wish to keep confidential or protected from disclosure.

Notwithstanding the above, subject to the terms of our Privacy Policy, User Upload Information submitted through your account in password-protected areas of HYKE’s Products will be accessible online only to you, individuals you authorize, and authorized HYKE personnel. The Products may also feature private user forums, the content of which will similarly be restricted to you, authorized users, and HYKE personnel and not accessible to public visitors.

License to User Upload Information

By uploading User Upload Information via the Products, you irrevocably grant HYKE, its subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, distribute, publish, create derivative works from, and otherwise exploit your User Upload Information for any purpose, including, but not limited to, advertising, marketing, publicity, and promotional purposes. This license includes all intellectual property rights associated with the User Upload Information, including, without limitation, patents, trademarks, copyrights, trade secrets, and any other proprietary rights. You waive any moral rights you may have in and to the User Upload Information, even if it is altered in a manner you may disagree with.

You understand and agree that HYKE and its affiliates are under no obligation to use your User Upload Information and may choose to discard it at their discretion. You acknowledge that all User Upload Information is your sole responsibility. This means that you, and not HYKE, are entirely responsible for any User Upload Information you upload, post, email, transmit, or otherwise make available via the Products.

Use of HYKE Campaigns on the Products and Custom Services

HYKE may provide certain functionalities on the Products that enable you to manipulate Content through templates, forms, promotional top-up campaigns, and other similar tools (collectively referred to as “Templates”). These Templates are proprietary materials owned by HYKE and may be utilized by you for the creation, development, and submission of services or campaigns (“Services”) by allowing you to combine your own content (“Your Contribution to Products”) with the Templates or to customize the Templates to create Custom Services.

1. Ownership and Licensing of Templates

2. Your Responsibilities and Warranties

3. Limitations of Liability

4. Exclusive Use of Templates

5. License Conditions

6. Compliance with Additional Terms

By engaging with the Products and utilizing the Templates, you acknowledge that you have read, understood, and agree to adhere to these terms regarding the use of HYKE campaigns and custom services.

HYKE Products Accounts

HYKE Products provides a private, password-protected interactive environment designed for secure user engagement. Users can participate in the Products by either self-registering or receiving an invitation from a HYKE account representative. Upon successful registration or invitation acceptance, each user will receive individual login credentials (username and password) to access their HYKE account.

1. Account Management

2. Account Access

3. Compliance with Terms

4. Account Termination

By creating a HYKE account and using our Products, you confirm that you have read, understood, and agree to adhere to these terms concerning your account and participation in HYKE Products.

Payment Obligation and Credit Card Authorization

When utilizing HYKE Products or Services that require payment, you can make online payments through the Products. HYKE will automatically charge any outstanding balance on your account using the payment method you have provided, or you may be prompted to authorize us to charge your designated credit card, debit card, or checking account.

1. Payment Options

2. Non-Refundable Payments

3. Payment Failures

4. Credit Card and Debit Card Agreements

By providing your payment information and using HYKE Products, you consent to the charges and acknowledge your payment obligations as outlined above.

Viral Distribution

By express written direction provided on the Products, HYKE may grant you limited, revocable permission to engage in Viral Distribution for personal use only, as may be made available from time to time on the Products. "Viral Distribution" is defined as the following activities, but only if explicitly permitted on the Products:

  1. Personal Sharing: Sending Content, Campaigns, or Templates to friends or acquaintances at no charge through email or other forms of digital delivery.
  2. Reproduction for Personal Use: Making copies of Content solely for your personal use.

If you receive express permission on the Products to engage in Viral Distribution, you may do so in accordance with these Terms of Service (TOS). However, you agree that you will not use, license, distribute, reproduce, or otherwise exploit any part of the Content or Templates without our express written permission.

Third-Party Content and Information

The Products contain Content provided for your convenience and enjoyment, some of which are sourced from third parties. Please be aware that this Content may contain errors, omissions, inaccuracies, outdated information, or inadequacies, and it may be subject to additional terms and conditions found on the Products or in the policies of third parties. We make no representations or warranties regarding the completeness, accuracy, adequacy, currency, or reliability of any Content, and we will not be liable for any deficiencies in these areas.

Third parties may offer goods, services, and other materials through the Products. Any correspondence and business dealings you engage in with such third parties—including, but not limited to, payment and delivery of products and services—are solely between you and the service provider. You agree that HYKE will not be responsible or liable for any loss or damage incurred as a result of these dealings or the offering of products, services, and other Content on the Products.

Under certain circumstances, we may allow third-party users to upload Content. As a result, you may be exposed to offensive, indecent, or objectionable material. While we have the right to remove any content that, in our sole discretion, violates these Terms of Service (TOS) or is otherwise objectionable, we are not obligated to do so. Descriptions or references to products, services, or publications within the Products do not imply endorsement of those products, services, or publications by HYKE.

Your Conduct on Our Products

When registering, you agree to provide accurate, current, and complete information. If you create a user account, you are responsible for all activities that occur under your account or password. You must not sell, transfer, or assign your user account. You are responsible for updating your registration information promptly to ensure it remains accurate.

If you receive a password or a one-time key to access the Products, you must keep this information confidential and not share it with anyone. You are prohibited from using anyone else's password. You are responsible for securing your accounts and passwords and must notify us immediately of any unauthorized use or security breaches. Additionally, you agree to log out of your account at the end of each session. HYKE will not be liable for any loss or damage resulting from your failure to comply with these requirements.

Software

The technology and software underlying our Products and Services (including any software available for download or use from our Products and servers) (“Software”) are owned by HYKE, our affiliates, partners, or independent suppliers. Your use of the Software may be governed by an end-user license agreement provided with it (“License Agreement”). Please read the License Agreement and these TOS carefully to understand the conditions governing your use of the Software. Unless expressly permitted by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or transfer any rights to the Software or technology underlying our Products and Services. Additionally, you agree not to modify the Software in any form or use modified versions of the Software to gain unauthorized access to our Products.

Acceptable Use

The technology and software that power our Products and Services (including downloadable software from our web and mobile apps) (“Software”) are owned by HYKE, our affiliates, partners, or independent suppliers. Your use of the Software may be governed by an end-user license agreement provided with it (“License Agreement”). We strongly advise you to review the License Agreement and these TOS to understand your rights and responsibilities regarding the Software. Unless explicitly allowed by the License Agreement, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant security interests in, or transfer any rights related to the Software or technology underlying our Products and Services. You may not modify the Software in any form or use modified versions to gain unauthorized access to our Products. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, AND GUIDELINES IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND THE CREATION AND POSTING OF CAMPAIGNS, INCLUDING, WITHOUT LIMITATION, ADVERTISING LAWS, DATA PROTECTION LAWS, AND CONSUMER PROTECTION LAWS.

You agree to refrain from the following unacceptable behaviours:

By using our Products and Services, you represent and warrant that you will comply with this Acceptable Use Policy.

Termination

HYKE RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PRODUCTS AND ANY CAMPAIGNS IMMEDIATELY AND WITHOUT NOTICE IF HYKE DETERMINES, IN ITS SOLE DISCRETION, THAT YOU HAVE VIOLATED THESE TOS OR ENGAGED IN ANY CONDUCT THAT IS INAPPROPRIATE OR HARMFUL TO HYKE OR OTHER USERS.

You acknowledge and agree that HYKE has the sole discretion to determine your compliance with these TOS. HYKE reserves the right to deny access to all or part of the Products and restrict access to any individual without prior notice or liability. Violations of these TOS may be reported to law enforcement authorities.

Upon termination of your user account or access to the Products, or at HYKE’s request, you must destroy all materials obtained from the Products and all related documentation. Unauthorized access to our Products constitutes a breach of these TOS and a violation of the law. You agree to access our Products solely through the interfaces provided by HYKE and not to use any automated means (such as agents, robots, scripts, or spiders) to access, monitor, or copy any part of our Products unless expressly authorized in writing by HYKE.

You are fully responsible for complying with all applicable laws, rules, and regulations related to your use of the Products and Content, including those governing the transmission or use of any software or data. If you choose a username that, in our sole discretion, is obscene, indecent, abusive, or could subject us to public disparagement, HYKE reserves the right to change your username, delete your posts, deny you access to our Products, or take any combination of these actions without prior notice.

If you do not agree to these TOS, you must immediately cease using the Products and/or Services. To delete your account, please follow the contact instructions provided on the relevant Web Site or Services. Any User Upload Information you have submitted will continue to be governed by these TOS.

These TOS will survive any termination of your access to the Services, whether initiated by us or by you.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HYKE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS, OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PRODUCTS, YOUR VIOLATION OF THESE TOS, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY.

You agree to defend, indemnify, and hold harmless HYKE, its subsidiaries, affiliates, and all directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors, and other representatives (collectively, “HYKE Parties”) from any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, and expenses, including attorneys' fees, arising out of or related to these TOS. This includes, but is not limited to:

(a) your use of the Products;(b) your violation of these TOS or any applicable law, rule, or regulation, including those related to false advertising, intellectual property infringement, or defamation;(c) your use of the Content;(d) any unauthorized or alleged use of your accounts or passwords by any person;(e) your connection to the Products; or(f) your contributions to the Products.

You will cooperate fully with HYKE in the defense of any claim. However, HYKE retains the exclusive right to assume control of the defence of any matter for which you are required to indemnify us and settle any claims. You may not settle any claim without HYKE’s prior written consent.

Confidentiality

YOU AGREE TO KEEP ALL CONFIDENTIAL INFORMATION DISCLOSED TO YOU BY HYKE IN STRICT CONFIDENCE AND NOT TO DISCLOSE SUCH INFORMATION TO ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF HYKE. THIS OBLIGATION SHALL SURVIVE THE TERMINATION OF THESE TOS.

Disclaimers

We are not responsible for any deletion, failure to store, misdelivery, or untimely delivery of information or materials. We also disclaim liability for any harm resulting from downloading or accessing information obtained via search results from our Products. If you subscribe to any of our fee-based Products or Services, please note that you will not be entitled to a refund for service outages caused by server maintenance, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters, or any other circumstances beyond our reasonable control.

THE PRODUCTS, INCLUDING ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE OR ACCESSED THROUGH THEM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HYKE AND ITS PARENT, SUBSIDIARIES, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) ABOUT: (A) THE PRODUCTS; (B) THE CONTENT (INCLUDING TEMPLATES) AND SOFTWARE ON OR PROVIDED THROUGH THE PRODUCTS; (C) THE FUNCTIONS ACCESSED THROUGH THE PRODUCTS; (D) MESSAGES AND INFORMATION SENT BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE PRODUCTS, INCLUDING CUSTOM SERVICES, HYPERTEXT LINKS, OR OTHER INTERACTIVE FEATURES; OR (F) THE SECURITY OF SENSITIVE INFORMATION TRANSMITTED THROUGH THE PRODUCTS OR ANY LINKED SITE.

HYKE DOES NOT WARRANT THAT THE PRODUCTS OR THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PRODUCTS OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS. We do not guarantee that your activities or use of the Products are lawful in any jurisdiction, and you assume full responsibility for ensuring that your activities comply with applicable laws. THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HYKE DOES NOT WARRANT THAT THE PRODUCTS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT HYKE DOES NOT GUARANTEE ANY RESULTS FROM YOUR USE OF THE PRODUCTS OR ANY CAMPAIGNS.

By using any features of the Products, you acknowledge that you do so at your own risk and represent that your activities are lawful in every jurisdiction where you access or use the Products or Content. Furthermore, HYKE and its subsidiaries and affiliates disclaim any express or implied warranties, including, but not limited to, non-infringement, merchantability, fitness for a particular purpose, and title. You assume the entire risk regarding the quality and performance of our Products and the accuracy or completeness of their Content. HYKE, its parent, subsidiaries, affiliates, and their directors, officers, employees, or other representatives are not liable for any use of the Products, including any errors contained therein. Please note that some jurisdictions may limit or prohibit the disclaimer of implied or other warranties, so this disclaimer may not apply in those jurisdictions.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HYKE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS OR ANY CAMPAIGNS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR OWN RISK, AND THAT THE LIABILITY OF HYKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “HYKE PARTIES”) IS LIMITED AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL THE HYKE PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH: (1) THE PRODUCTS OR CONTENT, INCLUDING YOUR CONTRIBUTION TO CUSTOM SERVICES OR SERVICES; (2) YOUR USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PRODUCTS; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HYKE OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PRODUCTS OR CONTENT; (4) ANY ACTION TAKEN BY COPYRIGHT OWNERS; (5) ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE PRODUCTS; (6) ANY SECURITY BREACH OR VIRUS THAT AFFECTS YOUR COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT; OR (7) ANY ACT, OMISSION, OR ERROR IN THE CREATION, DEVELOPMENT, DISTRIBUTION, RUNNING CAMPAIGNS, OR CUSTOM SERVICES.

IN NO EVENT SHALL THE HYKE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

YOU ACKNOWLEDGE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FURTHERMORE, HYKE PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MODERN CELL PHONE, HARDWARE, SOFTWARE, OR OTHER TECHNOLOGY CAUSED BY ANY SECURITY BREACH, VIRUS, BUGS, TAMPERING, FRAUD, ERROR, INTERRUPTION, DEFECT, DELAY, NETWORK FAILURE, OR ANY OTHER TECHNICAL MALFUNCTION.

IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCTS OR CONTENT.

YOU RECOGNIZE AND AGREE THAT IF YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES ARISING OUT OF HYKE’S ACTS OR OMISSIONS, SUCH DAMAGES ARE NOT IRREPARABLE AND WILL NOT ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF TO PREVENT ANY EXPLOITATION OF THE PRODUCTS OR ANY CONTENT, SERVICES, OR PROGRAMS OWNED OR CONTROLLED BY HYKE OR ITS AFFILIATES.

BY ACCESSING THE PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS TO CLAIMS THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED. IN LIGHT OF THIS WAIVER, YOU EXPRESSLY WAIVE THE BENEFITS OF ANY LAW OF ANY STATE OR TERRITORY THAT PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE.

Governing Law, Venue, and Jurisdiction

THESE TERMS OF SERVICE (TOS) SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF NEWFOUNDLAND AND LABRADOR, CANADA, WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. THESE TOS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, EVEN IF OTHERWISE APPLICABLE.

BY USING THE PRODUCTS, YOU AGREE THAT ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PRODUCTS, YOUR USE OR ACCESS THERETO, OR THESE TOS MUST BE BROUGHT EXCLUSIVELY IN THE PROVINCIAL OR FEDERAL COURTS LOCATED IN ST. JOHN'S, NEWFOUNDLAND AND LABRADOR. YOU CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS FOR ANY LEGAL PROCEEDING.

FURTHERMORE, YOU AGREE THAT, NOTWITHSTANDING ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS OR THESE TOS MUST BE FILED WITHIN THREE (3) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR IT SHALL BE FOREVER BARRED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATING TO THE PRODUCTS WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT IN ANY FORM OF CLASS ACTION.

Authority

YOU REPRESENT AND WARRANT THAT YOU HAVE ALL REQUISITE POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE (TOS) AND TO PERFORM ALL ACTS AND OBLIGATIONS SET FORTH HEREIN.

Arbitration

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TOS OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE CANADIAN ARBITRATION ASSOCIATION. UNLESS OTHERWISE NOTIFIED, ARBITRATION HEARINGS WILL BE CONDUCTED IN ST. JOHN'S, NEWFOUNDLAND AND LABRADOR. THE ARBITRATOR'S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

Changes to Terms

HYKE RESERVES THE RIGHT TO MODIFY THESE TOS AT ANY TIME. ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING THE REVISED TOS ON THE PRODUCTS. YOUR CONTINUED USE OF THE PRODUCTS FOLLOWING THE POSTING OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

Miscellaneous

WE MAY BE REQUIRED BY PROVINCIAL, STATE, OR FEDERAL LAW TO NOTIFY YOU OF CERTAIN EVENTS. YOU ACKNOWLEDGE AND AGREE THAT SUCH NOTICES SHALL BE EFFECTIVE UPON OUR POSTING THEM ON OUR PRODUCTS OR DELIVERING THEM TO YOU VIA EMAIL. YOU ARE RESPONSIBLE FOR UPDATING YOUR CONTACT INFORMATION, AND IF YOU FAIL TO PROVIDE ACCURATE INFORMATION, WE SHALL NOT BE LIABLE FOR ANY FAILURE TO NOTIFY YOU.

THOSE TOS, ALONG WITH ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES PERTAINING TO THE SERVICES OR ANY SERVICE AGREEMENTS, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US, SUPERSEDING ALL PRIOR AGREEMENTS RELATING TO THE SUBJECT MATTER HEREOF.

THE FAILURE OF HYKE TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TOS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.

IF ANY PROVISION OF THESE TOS IS DETERMINED TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PROVISION SHALL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION, AND THE REMAINDER OF THESE TOS SHALL CONTINUE IN FULL FORCE AND EFFECT.


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