TERMS OF SERVICE
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions herein, then you may not access the Website or use any Website services. If these terms and conditions are considered an offer by 6Theory, acceptance is expressly limited to these terms.
6Theory reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. 6Theory may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
TABLE OF CONTENTS
This Agreement includes both the terms above and the following sections, which you may jump to directly by selecting the appropriate link below. The headings and subheadings are for your convenience only -- you are responsible for reviewing all sections, defined terms and related links in their entirety to ensure you fully understand this Agreement.
- Eligibility to Use the Website
- Responsibility of Contributors
- Responsibility of Website Visitors
- Content Posted on Other Websites
- Responsibility of Account Holders
- Service Interruptions
- Website Visitors' License
- General Representation and Warranty
- Releases, Disclaimers, Liability Limits, Indemnification, & Assignment
- Dispute Resolution and Arbitration
- Intellectual Property.
- Copyright Infringement and DMCA Policy
- Integration Clause
1. Eligibility to Use the Website.
By accepting this Agreement, you represent that you are at least 13 years of age and you have the legal authority to enter into this Agreement. If you are at least 13 years of age and less than 18 years of age, your parent or legal guardian must read and accept this Agreement on your behalf.
You may not use or register to use the Website (i) for the duration of your suspension if you have been suspended by 6Theory; (ii) at any time if you have been terminated from access to the Website by 6Theory; or (iii) at any time if you are a person barred from accessing the Website under applicable law.
2. Responsibility of Contributors.
6Theory is not responsible for materials submitted or posted to any of its Websites, including materials posted on any comments section, message board, forum, letter to the editor, or chat room (" Forums"). If you comment on a blog post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (hereinafter, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any content or code that may be harmful, impede other users' functionality, invade other users' privacy, harvest or collect any data or personal information about other users without their consent or surreptitiously or negatively impact any system or network such as viruses, worms, malware, Trojan horses, spyware, time bombs, cancel bots, or other harmful or destructive content;
- the Content is not unsolicited or unauthorized advertising such as spam, junk mail, chain letters, pyramid schemes etc., and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 6Theory or otherwise.
Without limiting any of those representations or warranties, 6Theory has the right (though not the obligation) to, in 6Theory's sole discretion (i) refuse or remove any content that, in 6Theory's reasonable opinion, violates any 6Theory policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in 6Theory's sole discretion.
3. Responsibility of Website Visitors.
6Theory has not reviewed, and cannot review; all of the material, including computer software, user content, and user comments posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, 6Theory does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 6Theory disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
You agree that you will not in any way interfere with the delivery or display of advertisements appearing on the Website. You further agree that you: (a) will not disrupt, attack, overwhelm, modify, reverse engineer, decrypt or interfere with the Website or its associated software, hardware and/or servers in any way; (b) will not impede or interfere with others' use of the Website; (c) other than connecting to 6Theory's servers by http requests using a web browser, will not attempt to gain access to 6Theory's servers by any means - including without limitation by using administrator passwords or by masquerading as an administrator while using the Website; and (d) will not impersonate any person or entity or misrepresent your identity.
4. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tokyohive.com links, and that link to tokyohive.com. 6Theory does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-tokyohive.com website or webpage, 6Theory does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 6Theory disclaims any responsibility for any harm resulting from your use of third-party websites and webpages.
5. Responsibility of Account Holders.
To access additional features of the Website you must establish an account, using true and accurate registration information.
5.1 Registration Requirements
You must establish a registered Account with 6Theory to use the Website, except for those portions of the Website which 6Theory allows users to access without registration. You agree to provide accurate, current and complete information about yourself as prompted by the registration and to use the account management tools provided to keep your Account information accurate, current and complete.
You may not establish multiple Accounts. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of 6Theory.
5.2 Account Name and Password
At the time your Account is opened, you must select an Account name and password. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person's use of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Website. Your disclosure of your password to any other person is at your own risk.
5.3 Account Content
You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates this Agreement is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account (or Accounts) as described in Section 11.
You may delete copies or instances of your Content that you have displayed or that are in your Account inventory through the normal functionality of the Website, including by emptying the trash folder in your Account inventory. You acknowledge that this termination will not apply to any other copies or instances of the same Content that you have not specifically deleted from the Website, including without limitation those that may be displayed elsewhere on the Website. In such event, any licenses granted by you shall terminate, but only for those particular copies or instances of Content that you have deleted from the Website.
5.4 User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the terms and conditions set out in this Agreement.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings, as applicable.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
5.5 Account Holder Interaction
You understand that 6Theory is a service provider that enables its users to interact online and display and communicate information and content chosen by those users. 6Theory does not control or endorse the Content of communications between users or users' interactions with each other or the Website.
You acknowledge that 6Theory does not guarantee the accuracy of information submitted by any user of the Website, nor any identity information about any user. Your interactions with other users and your use of Account holder services are entirely at your own risk.
You agree that 6Theory has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from the Website or disable any user's access to the Website without notice or liability to you or any other party, including upon our belief that such user's conduct, Content, services, or use of the Website is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms of Service or other policies.
Any violation by you of the terms of this Section may result in immediate suspension or termination of your Account(s) without any refund or other compensation.
6. Service Interruptions.
The Website is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.
6Theory may on occasion need to interrupt the Website with or without prior notice. You agree that 6Theory will not be liable for any interruption of the Website (whether intentional or not), and you understand that except as may otherwise be specifically provided, you will not be entitled to any refunds of fees or other compensation for interruption of service.
Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. 6Theory owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with accessing the Website. 6Theory will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers. Our ownership of these bits and bytes of electronic data stored on our Servers does not limit or impair any Intellectual Property Rights you may have in your Content.
7. Website Visitors' License.
6Theory hereby grants you a non-exclusive, non-transferable, non-sublicenseable, limited, revocable license to access and use the Website as set forth in these Terms of Service and expressly conditioned upon you and your Account remaining active, in good standing, and in full compliance with these Terms of Service. Additional terms may apply to certain elements of the Website. If there is any contradiction between any additional terms and these Terms of Service, then the additional terms shall take precedence only in relation to that particular element of the Website. Any use of the Website, including Content on the Website, other than as specifically authorized in this Agreement, without the prior written permission of 6Theory, is strictly prohibited and will terminate all licenses granted herein.
6Theory may terminate / ban your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tokyohive.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. General Representation and Warranty.
9.1 Privacy and your Personal Information
10. Releases, Disclaimers, Liability Limits, Indemnification, & Assignment
You agree not to hold 6Theory liable for the Content, actions, or inactions of visitors. As a condition of access to the Website, you release 6Theory (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not 6Theory becomes involved in any resolution or attempted resolution of the dispute.
If you are a California resident, you waive California Civil Code Section 1542, which says: " A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
10.2 Limitation of Liability
IN NO EVENT SHALL 6THEORY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE (INCLUDING ITS MODIFICATION OR TERMINATION), THE ALL APPLICABLE SOFTWARE, THE WEBSITE, THE SERVERS, THE ACTIVITY POINTS, THE 6THEORY POINTS, THE TOKYOHIVE MUSIC PLAYER, AND YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT 6THEORY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
6Theory shall have no liability for any failure or delay due to matters beyond their reasonable control. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.
10.3 Disclaimer of Warranties.
6Theory provides the Website, including without limitation the all applicable software, tokyohive.com, the servers, the Activity Points, the 6Theory Points, the tokyohive music player, and your Account, strictly on an "as is" basis, and hereby expressly disclaims all warranties or conditions of any kind, written or oral, express, implied or statutory, including without limitation any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose.
Neither 6Theory nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
No value, either express or implied, is guaranteed or warranted with respect to any content, activity points or 6Theory points. Notwithstanding any intellectual property rights you may have in your content or any expenditure on your part, 6Theory and you expressly disclaim any compensable value relating to or attributable to any data relating to your account residing on 6Theory's servers. You assume all risk of loss from using the website on this basis.
AT 6THEORY'S REQUEST, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS 6THEORY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AND AGENTS FROM ALL DAMAGES, LIABILITIES, CLAIMS AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND COSTS, ARISING FROM: (I) ANY BREACH OR ALLEGED BREACH BY YOU OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR REPRESENTATIONS AND WARRANTIES RELATING TO YOUR CONTENT; OR (II) YOUR ACTS, OMISSIONS OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR NEGLIGENT, WILLFUL OR ILLEGAL CONDUCT. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM.
You may not assign this Agreement or your Account without the prior written consent of 6Theory. You may not transfer or sublicense any licenses granted by 6Theory in this Agreement without the prior written consent of 6Theory, except solely to the extent this Agreement permits transfer of Activity and 6Theory Point Licenses. 6Theory may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under this Agreement.
11. Dispute Resolution and Arbitration.
All claims you bring against 6Theory must be resolved in accordance with this Dispute Resolution and Arbitration Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed and a breach of these Terms of Service. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys' fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed Claim, and the other has failed to promptly withdraw the Claim.
11.1 Applicable law and venue
You agree that this Agreement and the relationship between you and 6Theory shall be governed by the laws of the State of New Jersey without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and 6Theory agree to submit to the exclusive jurisdiction and venue of the courts located in the Bergen County, New Jersey, except as provided in this Section regarding optional arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Thus, for any claim related to this Agreement or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (" ADR") provider mutually agreed upon by the parties.
The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted, at the option of the party seeking relief, by
telephone, online, or based solely on written submissions;
(b) the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and
(c) any judgment on the award rendered by the arbitrator may be entered in any
court of competent jurisdiction.
12. Intellectual Property.
This Agreement does not transfer from 6Theory to you any 6Theory or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 6Theory. 6Theory, tokyohive.com, the tokyohive.com logo, and all other trademarks, service marks, graphics and logos used in connection with tokyohive.com, or the Website are trademarks or registered trademarks of 6Theory or 6Theory's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any 6Theory or third-party trademarks.
13. Copyright Infringement and DMCA Policy.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from tokyohive.com infringe your copyright, you may request removal of those materials (or access to them) from tokyohive.com by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (" DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
6Theory Media, LLC.
117 Kinderkamack Rd, STE 201
River Edge, NJ 07661
Email: [email protected]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 6Theory or others, 6Theory may, in its discretion, terminate or deny access to and use of the Website.
14. Integration Clause
This Agreement, including the additional terms and policies referenced in various sections, sets forth the entire understanding and agreement between you and 6Theory with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings. This Agreement may not be modified except as provided in in this Agreement or by mutual written agreement between you and 6Theory that is signed by hand (not electronically) by duly authorized representatives of both parties and expressly references amendment of this Agreement.
You acknowledge that no other written, oral or electronic communications will serve to modify or supplement this Agreement, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of this Agreement. The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this Agreement. As used in this Agreement, references to a determination made in 6Theory's discretion means that the determination will be made by 6Theory in accordance with its good faith business judgment. If any provision of this Agreement shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.