Hyperactivate

Terms of Use

The www.hyperactivate.com website (together, with the related pages accessible from www.hyperactivate.com, the "Website") and the related services (including, without limitation, the "Embeddable Widgets" ("Hashtag Art Widget"), and other features, content or applications) (collectively, the "Services") are operated by Hashtag Art, Inc., a Delaware corporation, and its corporate partners (collectively, "Hashtag Art", "us", "we", or the "Company").

1. Your Acceptance

By visiting and/or using the Website and/or any of the Services, you signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post changes to these Terms of Use on this page and indicate at the top of this page the Terms of Use's effective date. Your continued use of the Website and/or the Services after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website or the Services. It is your responsibility to regularly review these Terms of Use.

2. Hashtag Arts and Third-Parties Websites and Services

2.1 These Terms of Use apply to all users of the Website and the Services, including users who are also contributors of user submitted content, information, and other materials or services on the Website and/or the Services.

2.2 The Website may contain links to third party websites that are not owned or controlled by Hashtag Art and, in order to access some features of the Website or the Services which are provided by, with or through a third party, you may have to create an account with such third party and/or enter into a separate commercial relationship with such third party. Hashtag Art has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party websites or services. In addition, Hashtag Art will not and cannot censor or edit the content of any third party website or service. You expressly relieve Hashtag Art from any and all liability arising from your use of any third party website or service. Accordingly, we encourage you to be aware when you leave the Website and/or access some features of the Website or the Services which are provided by, with or through a third party, to read the terms and conditions and privacy policy of each third partys website and service that you access.

3. Website and Services Access

3.1 Hashtag Art herby grants you permission to use the Website and the Services as set forth in this Terms of Use, provided that: (i) your use of the Services as permitted is solely for your own use and not for the purposes of resale or redistribution; (ii) you will not copy or distribute any part of the Website or the Services in any medium without Hashtag Art's prior written authorization; (iii) you will not alter or modify any part of the Website or the Services other than as may be reasonably necessary to use the Website or the Services for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

3.2 In order to access some features of the Website or the Services, you may have to create an account with Hashtag Art and/or enter into a separate commercial relationship with Hashtag Art. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree not to use the Website or the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hashtag Art immediately of any breach of security or unauthorized use of your account. Although Hashtag Art will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as us if your account is used in violation of these Terms of Use.

3.3 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website. Notwithstanding the foregoing, Hashtag Art grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hashtag Art reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any form of solicitation. You agree not to solicit, for commercial purposes, any users of the Website or the Services with respect to their User Submissions (as defined below).

4. Intellectual Property Rights

The content on the Website and the Services, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, pictures, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Hashtag Art, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Hashtag Art reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third-parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use of copying of any Content or enforce limitations on use of the Website, the Services or the Content therein.

5. User Submissions

5.1 The Website supports the submission by you and other users of content, which may include videos, text, graphics, pictures, photos, or other communications (collectively, "User Submissions"), and also supports the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Hashtag Art does not guarantee any confidentiality with respect to any submissions.

5.2 You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Hashtag Art to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name and likeness of each and every such identifiable individual person included in a User Submission in order to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain your ownership rights in your User Submissions. However, by submitting the User Submissions to Hashtag Art, you hereby grant Hashtag Art a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Hashtag Art's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and pursuant to these Terms of Use.

5.3 In connection with User Submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hashtag Art all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Hashtag Art or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Hashtag Art does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Hashtag Art expressly disclaims any and all liability in connection with User Submissions. Hashtag Art does not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Services, and Hashtag Art will remove all Content and User Submissions if properly notified that such Content or User Submission infringes another's intellectual property rights. Hashtag Art reserves the right to remove Content and User Submissions without prior notice. Hashtag Art also reserves the right to terminate a User's access to the Website and Services, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website and/or the Services more than twice. Hashtag Art also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Hashtag Art may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

5.4 In particular, if you are a copyright owner or an agent thereof and believe that any User Submitted Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by following our Copyright Infringement Notification Process.

5.5 You understand that when using the Website and/or the Services, you will be exposed to User Submissions from a variety of sources, and that Hashtag Art is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hashtag Art with respect thereto, and agree to indemnify and hold Hashtag Art, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Limitation of Liability

IN NO EVENT SHALL Hashtag Art, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND/OR THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE AND/OR THE SERVICES, (V), ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE AND/OR THE SERVICES, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Hashtag Art IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Compliance with Laws

The Website and the Services are controlled and offered by Hashtag Art from its facilities in the State of New York, United States of America. If you use the Website and/or the Services from outside of the United States of America, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States of America and agree that Hashtag Arts collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located. If you use the Website and/or the Services from outside of the United States of America, you acknowledge that you do so at your own volition and are responsible for your compliance with local laws.

8. Indemnity

You agree to defend, indemnify and hold harmless Hashtag Art, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website and/or the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website and/or the Services.

9. Disclaimers

THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THEIR OPERATION, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Hashtag Art AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Hashtag Art SHALL NOT BE LIABLE FOR USER SUMBISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.