Hypestarter - Terms of Use Agreement

1. Acceptance Of Terms And Conditions

This Terms of Use Agreement governs your use of the website located at hypestarter.com (the "Site"), the Hypestarter Application and related platform owned and operated by Hypestarter Inc. (the "Company," "we," "us" or "our") that we provide to interact with platforms owned and operated by Facebook, Twitter or other social media or networks (the "Application"), and your use of any other applications, widgets, tools, features, content, services and options available through the Site or Application or otherwise provided by Company in connection with the Site or Application (collectively with the Site and Application, the "Services"). By accessing, browsing or using the Services or any pages of the Services, you are indicating that you have read and acknowledge and agree to be bound by this Terms of Use Agreement and any additional terms and conditions applicable to certain areas of the Services and posted in those areas of the Services, which are incorporated herein by reference (collectively, "Terms and Conditions"), and the Company's Privacy Statement located at hypestarter.com/privacy_policy. If you do not agree to every provision of these Terms and Conditions and the Company's Privacy Statement, please do not access, browse or use the Services.

These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Services. You can determine when we last updated these Terms and Conditions by referring to the "Last Updated" legend at the bottom of these Terms and Conditions. By accessing, browsing or using the Services following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Services for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations. Any use of the Services in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Services to review these Terms and Conditions.

2. Services Content

The Services and all material on the Services or contained therein, all text, graphics, and other works on the Services, the Services' design and coding, all computer programs used and licensed in connection with the Services, the business process, procedures, methods and techniques used in or in connection with the Services, the look and feel of the Services, and all data and reports generated by the Services (collectively, the "Services Content") are owned by us or a third party. These materials are protected under copyright, trademark and other laws. You may not copy, download, transmit, modify, distribute or republish the Services or any portion of the Services, including without limitation any of the Services Content without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Services or any Services Content. Use of any Services Content is prohibited without the prior written permission of Company. As long as you comply with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicenseable right to access and make personal, non-commercial use of the Services in compliance with these Terms and Conditions. You shall not, and shall not permit anyone else to, directly or indirectly: (i) remove or alter proprietary notices or labels on or in the Services or Services Content; (ii) engage in any activity that interferes with or disrupts the Services or Services Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions. All rights not expressly granted herein are reserved.

3. Company Trademarks

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including without limitation the following:

are registered and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Company has established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a "Mark") used in connection with the Services are the property of Company or third parties and shall remain the property of Company and such third parties. Nothing contained in the Services shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark. Your misuse of any such Mark, or any other Services Content, is strictly prohibited.

4. Registration

To register as a user, you are required to register for an account by either providing your email address, creating a password, and providing other information requested by us at the time of registration, or by allowing us to connect to your Facebook, Twitter or other social media network account with which we have partnered, of which you are a member, and that you identify to us ("Social Network"). When registering for an account, you agree to provide only accurate and complete information and to keep this information up-to-date. Company may rely on the Social Network to authorize you as a user.

By using your Social Network credentials to login to the Services, you expressly authorize Company to receive certain information about you that is available on or through your Social Network, including your profile information (including your profile photo), friends and connections, privacy settings and certain other information that will be disclosed to you and approved by you during the log-in process; and you also authorize the Services to generate and publish on your Social Network, including without limitation your news feed, recent events and timeline (as applicable), actions you take in connection with the Services, and to allow you to interact with your Social Network friends and connections while using the Services. You represent and warrant that you have the right to authorize all such access hereunder. Notwithstanding the foregoing, you agree that your use of your Social Network's website is governed by the respective Social Network's terms of use and its privacy policy, including, without limitation, password and account security policies.

Users of the Services whose access has previously been terminated by Company may not register for another account.

Each registration is for a single user only. You may not create an account for another individual or entity or allow another individual or entity to use your account on your behalf. In consideration of your use of the Services, you agree to provide accurate, current and complete information about yourself or your company as requested on the Services registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. By accepting these Terms and Conditions, you represent and warrant that you are 18 years of age or older and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.

Any changes to your registration information should be made on the Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services.

In connection with registering for the Services, you may receive a password for your use of the Services. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will close the browser window for the Services at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Dealing With Organizations Or Individuals

Company does not sell tickets or guarantee admission to events posted through the Services. Company shall not be liable for your interactions with any organization and/or individuals through or in connection with the Services. This includes, but it not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Company is not responsible for any damage or loss incurred as a result of any such dealings. Company is under no obligation to become involved in disputes between users of the Services or arising from use of the Services, or between users of the Services and any third party (including but not limited to a dispute with the event venue, event host, or another attendee at an event). In the event of a dispute, you release Company, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and such services.

If ou are a California resident, to the extent allowed by applicable law, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

6. Legal equirements

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Services where it is legally compelled to do so. Please see the Company's Website Privacy Statement located at hypestarter.com/privacy_policy for additional information relating to the privacy and security of information collected hereunder.

7. Your Use Of The Services

You are solely responsible and liable for all data, information and other materials ("User Content") that you submit, upload, post, e-mail or otherwise transmit ("Transmit") in connection with the Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You may only post events that are open to the public. You may not post an event unless the venue operator or property owner (as applicable) has authorized the event.

You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, dishonest or misleading, invasive of another's privacy or racially, ethnically or otherwise objectionable; (b) use the Services to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Services; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, "spam," "chain letters," or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Services; (e) interfere with the Services or servers or networks used in connection with the Services; (f) interfere with the ability of others to use the Services; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Services, the Services Content or any User Content contained therein; (h) conduct your business using the Services in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Services or the Services Content without Company's prior written permission; (j) include in any thirty party website any hypertext link to any page or location within the Services without Company's prior written permission; (k) mirror or display the Services or any portion thereof in frames without Company's prior written permission; (l) download, reproduce, duplicate, copy or otherwise exploit any portion of the Services for the purpose of sale, resale or making other commercial use thereof; or (m) impersonate any person or entity, including, but not limited to, other users of the Services, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.

You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public. With respect to User Content that you Transmit to the Services, you grant Company a perpetual, worldwide, royalty-free, non-exclusive transferable, sub-licensable (through multiple tiers) license to use, copy, excerpt, reproduce, display, aggregate, de-identify, publish, modify, distribute and create derivative works of such User Content in any form or media, and to allow others to do so, however, Company will only share personally identifiable information that you provide in accordance with Company's privacy statement at hypestarter.com/privacy_policy. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.

Company does not and cannot verify the identity of all registered users of the Services, review all User Content posted to the Services, or created by users accessing the Services (including without limitation the legitimacy or accuracy of events posted through the Services), and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Services, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Services. However, Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.

8. Linked Sites

Company has not reviewed all of the websites linked to the Services and is not responsible for the content of any third-party pages or any other websites linked to the Services. Nothing in the Services, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services or information of any other persons or companies by Company. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Company reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Company. Company has no control over these linked websites and makes no representations or warranties with respect to these linked websites. Your viewing and use of any third party websites is at your sole discretion and risk.

9. Special Admonitions For International Use

The Services are hosted in the United States and are intended for use by residents of the United States of America only. All matters relating to the Services are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.

10. Indemnification

You agree to defend, indemnify and hold harmless Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives ("Affiliated Entities") from and against any claims, liabilities, costs or damages, including reasonable attorneys' fees and paralegal fees through final appeals, made by any third party, relating to or arising from (i) your use of the Services, (ii) attendance at an event posted or promoted through the Services, (iii) any User Content that you Transmit to or through the Services, including without limitation any intellectual property, (iv) any violation of these Terms and Conditions by you, (v) your non-compliance with any federal, state, or local law or regulation, or (vi) any other act or omission by you, including your violation of any rights of another, arising from your use of the Services or attendance at an event.

11. Availability And Features

Availability and features of the Services are subject to change without notice.

12. Termination

You may terminate your use of the Application at any time for any reason by uninstalling the application from your mobile device and by removing it from your Social Network Account. You may delete your account by going to the "Settings" menu and clicking on "Accounts." Once you reach the "Accounts" page, follow the instructions on that page to delete your account.

You acknowledge and agree that Company may terminate your account or access to use of the Services for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Company may terminate your access to and use of the Services without prior notice and without any liability to you or any third party. You acknowledge and agree that Company may modify, limit, suspend or discontinue the Services or any part of the Services at any time, without notice or liability to you. Company may also, from time to time, establish general rules and policies regarding use of the Services. Company will post such rules and policies on the Services, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Services. Company shall have no liability or responsibility with respect to any lost Services Content, User Content, or other data, such as the deletion of or failure to store Services Content, User Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Services shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right to, but has no obligation to, store or keep copies of any Services Content, User Content, or other information, unless otherwise required by law or court order.

13. Disclaimers And Limitation of Liability

COMPANY IS PROVIDING THE SERVICES AND ALL FEATURES OF THE SERVICES CONTENT ON AN "AS-IS," "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SERVICES, ANY SERVICES PROVIDED BY COMPANY, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SERVICES. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. THE SERVICES CONTENT IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL, OR OTHER DECISIONS. COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SERVICES. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SERVICES, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THAT THE SERVICES ITSELF WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. COMPANY SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY REGISTERED USER, EVENT ATTENDEE, EVENT HOST, VENUE OPERATOR OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT. ADDITIONALLY, COMPANY SHALL NOT BE INVOLVED IN, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH, ANY DISPUTE BETWEEN REGISTERED USERS, EVENT ATTENDEES, VENUE OPERATORS, AND EVENT HOSTS.

YOU ACKNOWLEDGE THAT COMPANY HAS NO CONTROL OVER AND DOES NOT GUARANTEE AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY, SAFETY OR LEGALITY OF INTERACTIONS OR EVENTS "HYPED" OR ADVERTISED ON THE SERVICES, THE TRUTH OR ACCURACY OF ANY REGISTERED USERS OR EVENT ATTENDEES (INCLUDING WITHOUT LIMITATION IDENTITY, AGE OR CONDUCT) OR EVENT HOSTS OR VENUE OPERATORS, OR THE ABILITY OF ANY USERS (INCLUDING EVENT HOSTS AND VENUE OPERATORS) TO PERFORM OR ACTUALLY HOST AN EVENT. EVENT HOSTS ARE FULLY RESPONSIBLE FOR ALL EVENTS IT HOSTS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND ATTENDANCE AT ANY EVENT OR HOSTING AN EVENT, AS THE CASE MAY BE. ANY SERVICES CONTENT POSTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

IN NO EVENT SHALL COMPANY, OR ITS AFFILIATED ENTITIES BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR PERSON OR CLAIMS OF THIRD PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SERVICES, ANY SERVICES, OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR USER CONTENT. YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON, THROUGH OR ARISING FROM THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL IN NO EVENT EXCEED THE TOTAL NET REVENUES, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SERVICES. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

14. Disclaimers And Release For Events

YOUR PARTICIPATION IN ANY EVENT OR OTHER FEATURE OF THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE EVENT HOST MAY REFUSE ADMITTANCE OR MAY ASK YOU TO LEAVE AN EVENT. BY USING THE SERVICES YOU AGREE AND UNDERSTAND THAT, IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHEREINT IN THOSE ACTIVITIES. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, SERIOUS PERSONAL INJURY, PROPERTY DAMAGE AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF EVENTS. BY USING THE SERVICES, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY EVENT. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY, TO THE FULLEST EXTENT ALLOWED BY LAW, AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE COMPANY FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATED ENTITIES FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR OTHER FEATURES OR ACTIVITIES ASSOCIATED WITH THE SERVICES, OR USE OF THE SERVICES, LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING EVENT HOSTS, VENUE OPERATORS, EVENT ATTENDEES AND OTHERS) IN CONNECTION WITH THE SERVICES, ANY EVENTS LISTED THEREON, OR THE SERVICES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS AND INCLUDES ANY MINORS ACCOMPANYING AN ATTENDEE AT THE EVENTS.

15. Governing Law And Jurisdiction

Company operates the Services from its offices in North Carolina, U.S.A. These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in North Carolina, shall not apply. The exclusive forum for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in Wake County, North Carolina, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Services, if any, and by any other means permitted by law.

16. Notice

All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact: support@hypestarter.com.

Any notices to you may be made via either e-mail or postal mail to the address in Company's records or via positing on the Services.

Please report any violations of these Terms and Conditions to Company at the contact listed above.

17. Miscellaneous

You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect. No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Services. Company's failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company shall waive such a right only in writing.

These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your use of the Services constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.

18. Procedure For Making Claims Of Copyright Infringement

We expect users of the Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Services infringes your copyright, please provide our copyright agent the written information specified below.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Services;

  4. Your address, telephone number and email address;

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

  6. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Company's copyright agent for notice of claims of copyright infringement can be reached as follows:

Merrill Mason
mmason@smithlaw.com


Last Updated: 10/26/2013