Hyprr Terms of Service
This User Agreement ("Terms") applies to your access to and use of the websites, mobile apps, and other online products and services (collectively, the "Services") provided by Hyprr Inc ("Hyprr", "We" or "Us").
1. Who may use the services?
The Services are not available to persons under the age of 18 unless they have obtained permission from their legal guardian. Additionally, if you are in the European Economic Area, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have received verifiable consent from your parent or legal guardian. Hyprr may hold content which is not content appropriate for users under the age of 18. Hyprr will however ensure that best practices and services are in place to protect users under the age of 18. Hyprr is not responsible for users under the age of 18 being exposed to 18+ content; especially in instances where these Terms have been broken. Hyprr does not take responsibility for and does not collect information from minors. If we have been made aware of information which we have inadvertently collected from minors, we will take action to delete such information from our files as soon as possible. Should you be accepting these Terms on behalf of another legal entity, such as a business or a government, you represent that you have full legal authority to bind such an entity to these Terms.
2. Your Use of Services
2.1 Hyprr grants you a personal, non-transferable, non-exclusive, revocable, limited license to use and access the Services solely as permitted by these Terms. Hyprr reserves all rights not expressly granted to you by these Terms. This is the grant of a license, not a transfer of title, and under this license you may not: 2.1.1 modify or copy the materials; 2.1.2 use the materials for any commercial purpose, or for any public display (either commercial or non-commercial); 2.1.3 attempt to decompile or reverse engineer any software contained in Hyprr; 2.1.4 remove any copyright or other proprietary notations from the materials; or 2.1.5 transfer the materials to another person or "mirror" the materials on any other server. 2.2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hyprr at any time. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Changes to the Terms
4.1 The materials within Hyprr are provided on an 'as is' basis. Hyprr makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. 4.2 Further, Hyprr does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to Hyprr. 4.3 By uploading content, the user confirms that they either own the copyright or have permission from the copyright owner to upload, and in the event of copyright infringement, the user indemnifies Hyprr from any action.
5. Accuracy of materials
The materials appearing in Hyprr could potentially include technical, typographical, or photographic errors. Hyprr does not warrant that any of the materials on Hyprr are accurate, complete or current. Hyprr may make changes to the materials contained in Hyprr at any time without notice. However, Hyprr does not make any commitment to update the materials.
Hyprr has not reviewed all of the sites linked to its app and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Hyprr of the site. Use of any such linked website is at the user's own risk.
7. Prohibited Activities
In addition to the License Limitations, there are other activities that you are forbidden from doing in connection with the Service ("Prohibited Activities") as follows: 7.1 Posting illegally explicit or offensive material and any material deemed illegal by operating jurisdictions. 7.2 Disruption. You may not in any way disrupt or interfere with the Service experience of other users, including the disruption of Hyprr computers and servers. 7.3 Impersonation. You may not impersonate any person or entity or fraudulently hold yourself out as a Hyprr employee, representative, or any other Hyprr connected person or being affiliated with any such person or entity. For your own safety, we encourage users to safeguard their privacy, remain anonymous, and never give out personal information to other users. 7.4 Naming Rights. You may not use any name or other intellectual property belonging to Hyprr or any other third party in your use of the Service and affiliates (for example, naming a profile after a celebrity, company, product). 7.5 Any Illegal Activities. You may not conduct any illegal activities whatsoever in connection with the Service. This includes every illegal activity not specifically highlighted above, including without limitation copyright infringement, trademark infringement, gambling, defamation, harassment, and fraud. 7.6 Non-Commercial Spamming/Spimming. You may not use (or abuse) the Service to harass other users. 7.7 Abusive behaviour. There is a zero-tolerance policy abuse on any Hyprr platform. Users conducting abuse against other users on any Hyprr platform will be actioned against as previously stated. In its discretion, Hyprr may use a variety of methods to deal with violations of these Terms and the Prohibited Activities, including, but not limited to, any of the following: • Issuing a warning; • Temporarily suspending an account; • Permanently terminating an account; • Removing the ability to complete certain actions on any Hyprr applications In addition, Hyprr shall be entitled to terminate any account (immediately and without notice) of any person who: (1) was previously suspended or terminated by Hyprr and who Hyprr believes (in its sole discretion) re-registered using different registration information in order to circumvent or bypass such suspension or termination. (2) Hyprr believes (in its sole discretion, based upon any information available, including registration and account information) that such person is enabling or assisting anyone else to conduct any Prohibited Activities of any kind.
8. Using the Wallet and making payments
8.1 Account and Private Keys Should you agree to create an Account through our Service, we will generate a cryptographic private and public key pair that are provided solely to you and completely owned by you. Hyprr does not have access to your Private Key and does not maintain custody of any Private Keys on your behalf, and therefore, we assume no responsibility for the management of the Private Key tied to your Account. The Private Key uniquely matches the Account name and must be used in connection with the Account to authorize the transfer of tokens from that Account. You are solely responsible for maintaining the security of your Private Keys. You must keep your Private Key access information secure. Failure to do so may result in the loss of control of any balances held within your Account. 8.2 Making payments You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any blockchain transaction initiated via the Services, for instance, if you mistype an Account name or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services. 8.3 No Cancellations or Modifications Once transaction details have been submitted to the Hyprr blockchain via the Services, The Services cannot assist you to cancel or otherwise modify your transaction details. We have no control over the Hyprr blockchain and do not have the ability to facilitate any cancellation or modification requests. 8.4 Platform Fees You agree that any transactions you make using your Hyprr Wallet may be subject to Hyprr and payment processor fees. Hyprr does not charge any fees for adding Hypes to your wallet. However, adding Hypes to your wallet involves the use of third party payment processors who set their own fees which Hyprr has no control over. These payment processors include Stripe, Bitpay, Apple Pay and Google Pay but we reserve the right to change our payment providers at any time. You agree that you are subject to all fees, terms and conditions of the payment provider that you choose to use. You may also incur transaction or conversion charges from your personal bank account. Hyprr charges a cash out fee of 4% to convert Hypes back into your local currency. All transactions within the Hyprr Platform are conducted using Hypes. As a Creator you acknowledge that any content created, which is open to Tipping or posted as Premium content will be subject to a fee of 20%. Hyprr’s fees are deducted at the point of sale. For example, if you post premium content for the price of 100 Hypes the purchaser would pay 100 Hypes of which you would receive 80 Hypes. As an NFT creator you will be charged 2 Hypes for minting an NFT and will incur a 2.5% fee on the total sale price of your NFT. Hyprr’s 2.5% fee is deducted at the point of sale, so the creator will receive 97.5% of the total sale price. Creators can choose to add a royalty fee of up to 35% for future resale of their NFTs. Therefore, collectors who choose to resell an NFT they have purchased, will be subject to Hyprr’s 2.5% sale fee in addition to any royalty fees owed to the original Creator. We reserve the right to review and amend our fees and payment structure at any time.
8.5 Hyprr is a platform we are not a broker, financial institution, or creditor. The services are an administrative platform only. Hyprr facilitates transactions between the buyer and seller in tipping and the purchase of premium content but is not a party to any agreement between the buyer and seller of content or between any users. You hold full responsibility for verifying the identity, legitimacy, and authenticity of content you purchase on Hyprr. Notwithstanding indicators and messages that suggest verification, Hyprr makes no claims about the identity, legitimacy, or authenticity of content on the platform.
9. Refund Policy
Hypes are tokens which are used to facilitate payment on the Hyprr Platform. You may wish to add Hypes to your wallet in order to tip creators, and view creators' premium content. Once you have added Hypes to your wallet they are not refundable. You may cash out at any time however, cashing out is subject to payment provider fees of 4%.
It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your Hyprr blockchain transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Hyprr blockchain transactions.
11. Our relationship with You
Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy, or trusteeship, between you and us.
Except to the extent prohibited by law, you agree to defend, indemnify, and hold us, our licensors, our third-party service providers and our officers, employees, licensors, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your content (c) your violation of these Terms, or (d) your violation of applicable laws or regulations. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
13.1 Accuracy of Content The services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, and non-infringement. Hyprr, its licensors, and its third-party service providers do not warrant that the services are accurate, complete, reliable, current, or error free. 13.2 Responsibility for Content Hyprr does not control, endorse, or take responsibility for any content made available on or linked to the services or the actions of any third party or user, including moderators. 13.3 Viruses and Harmful Components While Hyprr attempts to make your access to and use of our services safe, we do not represent or warrant that our Services or servers are free of viruses or other harmful components.
14. Limitation of Liability
In no event and under no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, will the Hyprr entities be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, or loss of profits arising from or relating to these Terms or the Services, including those arising from or relating to content made available on the Services that is alleged to be a prohibited activity. Access to, and use of, the services is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. In no event will the aggregate liability of the Hyprr entities exceed the greater of one hundred U.S. dollars ($100) or any amount you paid Hyprr in the previous six months for the services giving rise to the claim. The limitations of this section will apply to any theory of liability, including those based on warranty, contract, statute, tort (including negligence) or otherwise, and even if the Hyprr entities have been advised of the possibility of any such damage, and even if any remedy set forth herein is found to have failed its essential purpose, the foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
15. Hyprr DMCA/Copyright Policy
Hyprr, Inc. (Hyprr) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1888, the text of which may be found in the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512 (c)(3), Hyprr will respond expeditiously to claims of copyright infringement committed using Hyprr Services if such claims are reported to Hyprr's Designated Copyright Agent identified below.DMCA Notice of Alleged Infringement ("Notice") If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements related to the Services by completing a DMCA Notice of Alleged Infringement and delivering it to Hyprr’s Designated Copyright Agent. Upon receipt of Notice as described below, Hyprr will take whatever action it deems appropriate, in its sole discretion, including removal of the challenged content from the Services. Please note that if you fail to comply with all the requirements of this section and of Title 17 - COPYRIGHTS, CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES, Sec. 512 - Limitations on liability relating to material online, your DMCA notice may not be valid. • Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by your Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. • Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found. • Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address. • Include both of the following statements in the body of the Notice:
◦"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use). ◦"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
• Provide your full legal name and your electronic or physical signature. • Deliver this Notice, with all items completed, to Hyprr’s Designated Copyright Agent: Copyright Agent Hyprr, Inc. 140 Broadway, 46th Floor New York, NY 10005 [email protected] If sent via email, please insert “Copyright Agent” in the subject line.DMCA Counter-Notice of Alleged Infringement
If you believe that your content which was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder's agent, or pursuant to law, the rights to post and use the material in your content, you may send a Counter-Notice containing the following information to Hyprr's Copyright Agent: • Your physical or electronic signature; • Identification of the content which was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a Counter-Notice is received by the Copyright Agent, Hyprr may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against Hyprr or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.Hyprr Policy Regarding Repeat Infringers
Hyprr does not condone or tolerate copyright infringement or any violation of the intellectual property rights of Hyprr or of others. Hyprr reserves the right to terminate the access and/or use privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of Hyprr or others. Hyprr reserves the right to define the criteria by which Hyprr will determine that a person is a 'repeat infringer.' In the event that repeat infringer' is defined by statute, law, or regulation as applicable to Title 17 - COPYRIGHTS, CHAPTER 5 - COPYRIGHT INFRINGEMENT AND REMEDIES, Sec. 512 - Limitations on liability relating to material online. Hyprr will adopt that definition as a minimum standard. Without limiting Hyprr’s right to define 'repeat infringer,' as a general rule, Hyprr will define a 'repeat infringer' as any person or entity about whom Hyprr has received two or more DMCA Notices of Alleged Infringement. Hyprr will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.
16. Governing Law
These Terms, your access to and use of the Service and Content, and your participation shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to conflict of law rules or principles of the State of New York, (or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of New York, and the United States, respectively, sitting in the State of New York.
You agree that Hyprr, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if Hyprr believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platform, may be referred to appropriate law enforcement authorities. Hyprr may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Hyprr may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that Hyprr will not be liable to you or any third party for any termination of your access to the Platform.
18. General Legal Terms
These Terms of Service constitute the entire agreement between you and Hyprr and govern your use of the Platform, superseding any prior agreements between you and Hyprr with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, you and Hyprr agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York. The failure of Hyprr to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Hyprr, but Hyprr may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Platform may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Platform.