Terms and Conditions (“Terms”)
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Hypefactors application (the “Service”) operated by Hypefactors (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
To the Service, an agreement and/or an order confirmation and these General terms and conditions and/or a quotation applies. If any conflict should occur between these documents (which together constitutes the Agreement) they shall take precedence in the aforementioned order. If you order additional services from us according to a separate quotation and order confirmation, those services shall also be subject to the Agreement.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Use of Service and Customers Intellectual Property
Our Service allows you to upload, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
Material which has been uploaded by you, such as press releases, texts, reports, images and information regarding media and media contacts is defined as Customer Content. You own the intellectual property rights relating to the Customer Content and is responsible for it. However, we reserve the right to delete Customer Content in case it is alleged that Customer Content constitutes an infringement of a third party’s intellectual property rights or otherwise is in breach of the Agreement.
You are aware of and accept, the fact that we store Customer Content in a database together with the material received from other customers.
You represent and warrant that: (i) the Customer Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You are obliged to ensure that Customer Content is accurate, that it is
not contrary to law or regulation or infringes the rights of third parties and that it is
not designed in a way that may be considered as offensive.
We reserve the right to change and modify, including shortening, Customer
Content and to use Customer Content for commercial use to the extent necessary
for us to fulfil its obligations under the Agreement.
You are not allowed to give other persons than the Authorized Users access to and the right to use the Service. You are responsible for all users of the Service (Authorized Users as well as non-authorized users) who use the Service that is provided to you according to the Agreement. You undertake to keep confidential and not to disclose your login information to any third party and to procure that all login information is kept safe. Furthermore, you shall procure that passwords are changed regularly and shall maintain sufficient internal systems to be able to monitor access to and use of the Service. You shall immediately notify us if you become aware of any unauthorized use of passwords or if any other security breach has occurred.
You undertake not to, under any circumstances, attempt to gain unauthorized access to network- or computer resources connected to and/or accessible through Hypefators’ online platform or the Service, or to attempt to destroy or corrupt information stored or accessible on or through such network- or computer resources. All use of external automated tools in connection with the Service, including but not limited to search-, indexing-, crawling- or scrapping programs, is prohibited.
You shall compensate us for all damages, direct as well as indirect, that Hypefactors may incur as a result of your use of the Service in a manner inconsistent with the Agreement, applicable law or in an otherwise wrongful manner.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Hypefactors Intellectual Property
The Service and its original content (excluding Customer Content provided by users), features and functionality are and will remain the exclusive property of Hypefactors and its licensors. The Service is protected by copyright, trademark, and other laws of both the EU and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hypefactors.
Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Hypefactors.
Hypefactors has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Hypefactors 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Hypefactors, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Hypefactors its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.