Terms and Conditions

Terms & Conditions

Welcome to The Hive™ website (the “Site”), its mobile application(s) (the “App”) and all affiliated content owned and operated by The Hive Enterprises LLC (collectively, “THE HIVE”, “We”, and “Our”). This Terms and Conditions (this "Agreement") is between You (hereinafter, "You", "Your", "User") and THE HIVE. By accessing and using THE HIVE, its App, its Site, and/or using the services or goods offered on or through THE HIVE (the “Services”), You agree to this Agreement as it may be amended from time-to-time. Please read this Agreement carefully and keep a copy for Your reference. The Privacy Policy is incorporated by reference and made part of this Agreement as if it were fully recited herein.

By accessing and using THE HIVE, its App, its Site, and/or using the services or goods offered on or through THE HIVE (the “Services”), You agree to this Agreement as it may be amended from time-to-time. The purpose of this Privacy Policy is to inform You about how THE HIVE collects, uses, and discloses Your personal information when You use its Services. By accessing or using THE HIVE’s Services, You agree to the terms and conditions of this Agreement. If You do not agree with any of the terms and conditions of this Agreement, please do not use Our Services, Our Site, or Our App.

NOTE: THE HIVE maintains a zero tolerance policy for objectionable content and/or abusive users on its platforms and/or services. please read Section 12.0. of this Agreement titled 'ZERO TOLERANCE POLICY; Prohibited UseR CONTENT AND PROHIBITED USE OF SERVICES for more information. if You intend to exploit or abuse THE HIVE services in violation of THIS AGREEMENT, then THE HIVE kindly asks You to refrain from creating an account with or using THE HIVE services; OTHERWISE, You are knowingly violating this agreement which may subject You to enforecement action and/or legal action by THE HIVE at its sole discretion.

Purpose. The purpose of THE HIVE is to connect a broad range of individuals and users with each other based on common interests. THE HIVE provides text-based conversational, live (real-time) chat room environments to its users based on the user’s interests. You may be automatically joined into a chatroom with other users who share a common interest whom You may communicate with. The Site and App, all Services, and all content (meaning all material on the Site and/or App or offered through the Services, including, without limitation, all images, text, audio, webinars, downloads, applications, articles, photographs, and their selection and arrangement) are provided for public use and accessibility to the Users. However, the use of such content may be limited by the terms of this Agreement.

Privacy Policy. Your use of THE HIVE is subject to THE HIVE's Privacy Policy. Please review THE HIVE’s Privacy Policy, accessible at www.thehive.com/privacy-policy, which also governs the Site and the App and informs Users of Our data collection practices.

ADA Site Compliance. Although there are no specific guidelines for us to make Our Site ADA compliant, Our goal is to accommodate You to the best of Our abilities. Therefore, We have adopted and conformed Our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at https://www.w3.org/WAI/GL/WCAG20/. However, if You have any recommendations to better adapt Our Site to Your particular disability or if You need help navigating Our website, then please contact us at support@thehiveenterprisesllc.com and someone from Our team will be happy to assist You.

Electronic Communications. Visiting the Site, using the App, or sending emails, data, or content to THE HIVE constitutes electronic communications. By creating an account with THE HIVE, You affirmatively consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site or App, satisfy any legal requirement that such communications be in writing.

App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom You received the application license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that this Agreement is between You and THE HIVE and not with the App Store. THE HIVE, not the App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, You must have access to a wireless network, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App. You agree to comply with, and Your license to use the App is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce it.

Term. This Agreement shall commence as of the date You accept it (in accordance with the preamble) and remain in full force and effect while You use the Services, unless terminated earlier in accordance with the terms herein. You may terminate Your use of or registration for the Services at any time by closing Your User Account (as defined below) and notifying us of Your intent to terminate. THE HIVE may terminate Your use of or registration for the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to You or any third party, including in the event You have breached this Agreement, or if Se are required to by applicable law.

Creating Your Account. By creating an account with THE HIVE, You affirmatively consent that if You use this Site or App, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. In order to access and use the Services, We may require that You register for an account (“User Account”), create a unique username and password combination (“User Credentials”), and provide certain additional information, as prompted by Our user registration process. You represent and warrant that all registration and account information You submit is truthful and accurate and that You shall maintain and promptly update the accuracy of such information. You may only have one User Account and are responsible for maintaining the strict confidentiality of Your User Credentials. You are responsible for any access to, or use of, the Services by You or any person or entity using Your User Credentials or the device You use to access and use the Services (a “Device”), whether or not such access or use has been authorized by You or on Your behalf, and whether or not such person or entity is Your employee or agent, including, without limitation, any fee-based transactions. It is therefore critical that You do not share Your User Credentials with anyone. You agree to immediately notify THE HIVE of any unauthorized use of Your User Credentials, User Account and/or Device, or any other breach of security, including, without limitation, if Your Device is lost or stolen. It is Your responsibility to (a) control the dissemination and use of Your User Credentials, User Account, and Device; (b) update, maintain, and control access to Your User Credentials, User Account, and Device; and (c) cancel Your User Account. We reserve the right to deny access, use, and registration privileges to anyone if Se believe there is a question about the identity of the person trying to access any account or element of the Services. THE HIVE shall not be responsible for any loss or damage arising from Your failure to comply with this Section. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that THE HIVE is not responsible for third party access to Your account that results from theft or misappropriation of Your account. THE HIVE and its associates or affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in their sole discretion.
1. Age Restriction. You must be at least 18 years of age or older to access or use Our Site and App and create an account. By accessing or using Our Site and App, You represent and warrant that You are at least 18 years of age. We reserve the right to immediately terminate Your account and block Your access to Our website if We become aware or suspect that You are under 18 years of age. The consent of a parent or guardian does not obviate the need to comply with this requirement.
2. Grant of License. Subject to Your compliance with this Agreement, by creating an account with THE HIVE, THE HIVE grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App and Site on a single device that You own or control and to run the App solely for Your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “Apple App Store Sourced Application”), You will only use the Apple App Store Sourced Application (i) on an Apple-branded product that runs Apple’s proprietary operating system, and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Fee-Based Services. As of the effective date of this Agreement, THE HIVE offers access to its Site, App, and associated Services to its Users at no cost. Users are granted access to the Services without any fees or charges, subject to their compliance with this Agreement.
1. Reservation of Future Right to Charge Subscription Based Services. THE HIVE reserves the right, at its sole discretion, to implement subscription-based fees for access to, or use of, the Services or any portion thereof in the future. In the event that THE HIVE decides to introduce such fees, Users will be provided with advance written notice of the change. The notice will outline the applicable fees, payment terms, and any changes to the Services as a result of the introduction of subscription fees. The notice will be provided by email to the address associated with the User's Account or through other appropriate means, as determined by THE HIVE. Following the provision of the advance written notice, Users will be deemed to have accepted the new subscription-based fees and associated terms by continuing to access or use the Services. If a User does not agree to the new fees and associated terms, the User's sole remedy is to discontinue their use of the Services. THE HIVE, in its sole discretion, may continue to offer a version of its Services to its Users at no cost.

Real-Time Chat Rooms. THE HIVE provides users with text-based conversational live chat room environments based on their interests. You acknowledge and agree that THE HIVE does not control and is not responsible for the selection of users that are joined into chat rooms, and that You use the chat rooms at Your own risk. THE HIVE expressly disclaims all liability for any damages or losses arising out of or in any way related to Your use of the chat rooms, including but not limited to any liability related to the selection of users that are joined into chat rooms. The Hive does not force users to engage in any conversations in the chat room. Users are free to join or leave a chat room at any time and are under no obligation to communicate with other users within the chat room.
1. Assumption of Risk. By using THE HIVE and participating in its services, You acknowledge and agree that there are inherent risks involved in online communication and interaction. You assume all risks associated with the use of THE HIVE, including but not limited to the risks of online communication with other users, and any reliance upon any information, material or advice obtained through THE HIVE. You agree that THE HIVE is not responsible for any harm or damage that may arise from Your use of THE HIVE, including but not limited to harm or damage caused by other users of THE HIVE. You agree to use THE HIVE at Your own risk and acknowledge that THE HIVE is not responsible for any injury, harm, damage, or loss that may result from Your use of THE HIVE, including any online communication or interaction with other users.
2. Voluntary Disclosure of Personal Information in Chat Rooms. Please be aware that if You directly disclose personally identifiable information or personally sensitive data through posting or streaming to THE HIVE or communications on THE HIVE’s public message boards, this information may be accessible by others and be collected and used by others. THE HIVE is not responsible for any personal information You choose to disclose in these public areas. We encourage You to be cautious when disclosing personal information in the chat rooms or any other public area of Our Site or App. We recommend that You do not share any personally identifiable information, such as Your full name, address, phone number, or email address, in the chat rooms. If You choose to disclose such information, You do so at Your own risk. Please see Our Privacy Policy for more information on data and usage.
3. Real Time Monitoring. The Hive cannot monitor all live chats in real-time, and therefore does not guarantee the accuracy, integrity, or quality of any content or messages exchanged in the chat rooms. You acknowledge that You may be exposed to content that You find offensive, indecent, or objectionable, and use the chat rooms at Your own risk. The Hive is not responsible for any harm or damages that may arise from Your use of the chat rooms, and You agree to release The Hive from any liability for such harm or damages.

No Unlawful or Prohibited Use/Intellectual Property. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the App and all offerings of THE HIVE strictly in accordance with these terms of use. As a condition of Your use of the Site and the App, You warrant to THE HIVE that You will not use the Site or the App for any purpose that is unlawful under the laws of Your jurisdiction or prohibited by this Agreement. You may not use the Site or the App in any manner which could damage, disable, overburden, or impair the Site or the App or interfere with any other party's use and enjoyment of the Site or the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or the App. You may not provide false information when signing up for THE HIVE and You may not use THE HIVE in any way which invades others’ privacy including recording private interactions without the consent of all parties required under any applicable laws.
1. Ownership of Intellectual Property. All content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, or the App, is the property of THE HIVE and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
2. Acknowledgement of Validity. You acknowledge that all intellectual property is associated with the goodwill of THE HIVE and that any breach of this Agreement associated with the misappropriation or misuse of its intellectual property will cause irreparable harm to THE HIVE. You agree not to challenge the validity of any of THE HIVE 's intellectual property rights. You acknowledge that all intellectual property rights owned by THE HIVE will remain the exclusive property of THE HIVE and its intellectual property cannot be used or otherwise displayed without the prior written consent of THE HIVE. This Section shall survive termination of this Agreement.
3. No Commercial Use or Unauthorized Use. You will not attempt to/or modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the App. Such content is not for resale. Your use of the Site or the App does not entitle You to make any unauthorized use of any protected content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for Your personal use and will make no other use of the content without the express written permission of THE HIVE and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. THE HIVE does not grant You any licenses, express or implied, to the intellectual property of THE HIVE or their licensors except as expressly authorized by this Agreement.
4. Copyright Infringement and Potential DMCA Violations. THE HIVE values the copyright and other rights of all persons and legal entities. If You believe that any User Content on the Site or the App by any User violates Your intellectual property rights, please notify THE HIVE' s copyright agent. For Your complaint to be valid under the Digital Millennium Copyright Act (“DMCA”), You must provide the following information and verification:
  - The electronic or physical signature of a natural person who is responsible for the complaint and is acting on behalf of the copyright owner;
  - An identification of the Copyrighted Work that You content has been infringed;
  - Identification of the allegedly infringing material including the name of the User who uploaded the allegedly infringing material, and the title of the upload, and the date and time uploaded;
  - Information reasonably sufficient for THE HIVE to contact You to discuss Your complaint, including a telephone number, physical address, and email address;
  - A statement that You have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, any authorized agent, or applicable copyright law, including without limitation the “fair use” doctrine; and
  - A statement under penalty of perjury that the above information is accurate and that You are the copyright owner or someone authorized to act on their behalf.
5. Notification of Claimed Infringement. Written notification of claimed infringement must be submitted to the following address:support@thehiveenterprisesllc.com, with the subject line “DMCA Violation”. THE HIVE may share the Notification of Claimed Infringement with the user alleged to have infringed a right you own or control, and you hereby consent to THE HIVE making such disclosure.
6. Misrepresentation. UNDER FEDERAL LAW YOU MAY BE LIABLE FOR KNOWINGLY MISREPRESENTING THAT ONLINE MATERIAL IS INFRINGING, WHICH LIABILITY INCLUDES POTENTIAL CRIMINAL CHARGES FOR PERJURY AS WELL AS CIVIL PENALTIES AND ATTORNEYS’ FEES. MISUSE OF THIS FEATURE MAY RESULT IN TERMINATION OF YOUR ACCOUNT.
7. Counter-Notification Response to DMCA Complaint. If You believe that any material You posted as a User has been wrongfully removed from the Site or the App, You may provide a written counter-notification under the DMCA which must include the following information:
  - Your name, address, telephone number, and email address, if any;
  - A description of the material removed and the location on the Site or the App or the title of the posting(s), and the time and date it was uploaded;
  - A statement under penalty of perjury that You have a good faith belief that the material which was removed or disabled was removed or disabled as a result of a mistake or misidentification;
  - A statement that You consent to the jurisdiction of the Federal District Court in which THE HIVE is located, or in which You are located, or if You are located outside the United States, in any jurisdiction for which You may be legally served with process, and that You will accept service of process by the person making the original complaint or an agent of that person or entity; and
  - Your electronic or physical signature.
8. Liability; Damages. The Copyright Act provides that any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of THE HIVE relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. THE HIVE reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

User Content; License Grant; Usage. The Services may provide You and other users with an opportunity to participate in feeds, forums, communities and other message, comment and communication features and functionalities and may provide You with the opportunity to submit, post, email, display, transmit or otherwise make available comments, reviews, links, materials, ideas, opinions, messages, user information, and other information via the Site or App which may allow You to post, upload, publish, submit, or transmit content (collectively, "User Content"). The term “User Content” also includes all of the information You submit, or We may receive that is related to Your User Content. When You submit User Content You may also be asked to provide information about You and Your submission. This may include, without limitation, such things as Your User Credentials, a descriptive title, information about the User Content, Your location and/or similar information. You further acknowledge and agree that all User Content made by means of or in connection with any portion of the Services are public and that (a) You have no expectation of privacy in any User Content, and (b) no confidential, fiduciary, contractually implied or other relationship is created between You and THE HIVE by reason of Your transmitting a User Posting to any area of, or in connection with, the Services.
1. Responsibility for User Content. You understand, acknowledge, and agree that all User Content is the sole responsibility of the person from which such User Content originated. You are solely responsible for Your User Content and the consequences of posting or publishing it. User Content does not reflect the views of THE HIVE, its affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, or agents. You understand that by using the Services, You may be exposed to other user’s User Postings that could be offensive, indecent, or objectionable and, as such, THE HIVE does not guarantee the accuracy, integrity, quality, or content of any User Content. Under no circumstances shall THE HIVE be liable in any way for User Content, including, without limitation, errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of any User Content submitted, uploaded, posted, emailed, displayed, transmitted, or otherwise made available. By posting or publishing or otherwise making available User Content, You represent and warrant that You own or have the necessary rights, licenses, consents, and permissions to use and authorize THE HIVE to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site or App and this Agreement.
2. License Grant to THE HIVE. When You provide User Content to THE HIVE through the Site or the App, by posting, uploading, streaming, sending, or otherwise making available on the Site or App, publicly or to another user, You grant THE HIVE a non-exclusive, universal, worldwide, royalty-free, sublicensable, transferable right and license to use, copy, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Site or App are available), and create derivative works of, such User Content, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site or App and Our business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity. The rights You grant in this license are for the limited purposes of allowing THE HIVE to operate the Site and the App in accordance with their functionality, improve and promote the Site and the App, and develop new features. The reference in this license to "creat[ing] derivative works" is not intended to give THE HIVE a right to make substantive editorial changes or derivations, but does, for example, enable commenting or reposting by other Users to redistribute User Content from one User Account to another in a manner that allows them to add their own text or other User Content before or after Your User Content.
3. Retention of Intellectual Property Rights in User Content. You retain ownership of any intellectual property rights that You hold in Your User Content.
4. Prohibited User Content/Conduct. You agree not to post, upload, publish, submit, or transmit any User Content that: (a) is illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable; (b) promotes or glorifies violence, terrorism, or any illegal activity; (c) violates any person's privacy or publicity rights; (d) infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (e) contains software viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) impersonates any person or entity, including any employee or representative of Ours; or (g) breaches any applicable law, regulation, or rule. Prohibited User Content, User Conduct, and Use of Services is further defined elsewhere in this Agreement.
5. Monitoring User Content. We do not actively monitor User Content posted to the Site or App, but We reserve the right to remove any User Content that violates this Agreement, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, in Our sole discretion and without notice.

Zero Tolerance Policy; Prohibited User Content and Prohibited Use of Services. THE HIVE maintains a zero-tolerance policy for any User postings, behavior, or actions that convey violence, harassment, and other behavior that discourage other Users from engaging in THE HIVE's Services. By creating an account with THE HIVE, You expressly agree to abide by these terms of use and subject Your content, profile, and postings to THE HIVE enforcement action for violating this Agreement. By using Our platform, You agree to abide by this policy and understand that any violation of this policy may result in the removal of Your content and/or termination of Your account. THE HIVE reserves the right to remove any content that violates this policy and to take appropriate action against users who violate this policy, including termination of their account. For clarification or preapproval of any content postings, please email THE HIVE at support@thehiveenterprisesllc.com with the subject line "User Content ". Therefore, You expressly agree to refrain from the following behavior so that other Users of THE HIVE may freely engage in the use and enjoyment of THE HIVE Services:
1. Sensitive Media, including Graphic Violence and Adult Content. You may not post any media content that contains graphic violence that is not for journalistic, documentary, or educational purposes, nor can You post any adult content that is pornographic in nature or intended to arouse other Users unless the adult content is journalistic, documentary, artistic, medical, health, or educational purposes. Furthermore, under no circumstances may You post any content that depicts violence, whether real or simulated, in association with sexual acts; any content that depicts excessively graphic or gruesome content related to death, violence or severe bodily harm, or sadistic purposes; and any content that contains hateful imagery, such as a logo, symbol, or image, with the intent to promote violence and hostility to other Users or people based on race, religion, disability, national origin, gender, or sexual orientation.
2. Violence/Abuse/Harassment. You may not engage in any targeted harassment of another User(s) or threaten violence against another User, person, or group of people, nor can You incite another person to do so. Furthermore, You may not encourage, promote, or glorify any acts of violence, such as those that express a will or intent to inflict death or great bodily harm to another. This section further prohibits You from posting content that threatens or promotes terrorism or violent extremism, or promotes or supports groups and organizations that are known to have a record of extreme violence and/or systematic hatred and violence towards particular persons,
3. Child Sexual Exploitation. THE HIVE has zero tolerance for any postings that depict or promote child sexual exploitation.
4. Hateful Conduct. You may not promote violence against or directly attack or threaten other people or Users on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others on the basis of these categories. You may not use hateful images or symbols in Your profile image or profile header. You also may not use Your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category.
5. Suicide or Self-Harm. You may not promote or encourage suicide or self-harm.
6. Illegal or Certain Regulated Goods or Services. You may not post any content that depicts illegal goods or services including counterfeit goods and services; drugs and controlled substances; human trafficking; sexual services; stolen goods; weapons; and products made from endangered species; unless such posting is for journalistic, documentary, or educational purposes.
7. Denying the Occurrence of an Event. THE HIVE only allows Users within a predetermined geographic location of a happened or witnessed event to report the occurrence of an event. THE HIVE may verify that the event took place such. Any content posted with the intent to undermine the occurrence of the event or label the event as a 'hoax', 'staged', or having 'paid actors', will be considered abusive behavior.
8. Animal Cruelty. THE HIVE has a zero-tolerance policy for any content or posts that promote, encourage, or depict animal cruelty. This includes any actions that cause unnecessary pain, injury, or suffering to animals, including but not limited to physical abuse, neglect, and abandonment.

Other Prohibited User Conduct. You are solely responsible for Your conduct in connection with the Services. We want to keep the Services safe and enjoyable for everyone and the use of the Services for unlawful or harmful activities is not allowed. You represent, warrant, and agree that, while using the Services, You shall not:
1. No Violation of Law. Intentionally or unintentionally engage in or encourage conduct that would violate any applicable law or rule, give rise to civil liability, or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of Ours or of any other person or entity;
2. No Transmission of Harmful Content. Submit, post, email, display, transmit, or otherwise make available on, through, or in connection with the Services any material that: (i) is, illegal, harmful, threatening, defamatory, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, contains explicit or graphic imagery or descriptions of excessive violence or sexual acts, links to adult content, or promotes discrimination, hatred, or harm of any kind against any group or individual; (ii) makes available private information, or creates a security or privacy risk for any other person or entity; (iii) contains a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any property; or (iv) is false, incorrect, misleading, or fraudulent information, including, without limitation, as it pertains to any doll-related conduct, activities, achievements, initiatives, promotions, and/or opportunities;
3. No Adverse Actions. Intentionally or unintentionally engage in or encourage conduct that adversely affects THE HIVE, THE HIVE’s affiliates, or any of their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, advertisers, suppliers, operators or service providers, the Services, or causes duress, distress, or discomfort to us or anyone else, or discourages any person or entity from using all or any portion, features or functions of the Services, or from advertising, linking or becoming a supplier to us in connection with the Services;
4. No Commercial Use. Without THE HIVE’s written agreement, use the Services for commercial purposes, whether compensated or not;
5. No Disruption. Modify, disrupt, impair, alter, or interfere with the use, features, function, operation or maintenance of the Services or the rights or use or enjoyment of the Services by any other user;
6. No Impersonation. Impersonate any person or entity, including, without limitation, a government official, or falsely state or otherwise represent Your affiliation with a person, entity, or THE HIVE, or transmit or otherwise make available on, through or in connection with the Services false or misleading indications of origin, information, or statements of fact;
7. No Forgery. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Services, including User Postings (as defined herein)
8. No Solicitation of Personal Information. Solicit passwords or personal identifying information for commercial or unlawful purposes from other users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of users or other information;
9. No Reverse Engineering App and Site. Modify, reverse engineer, decompile or disassemble any part of the Services, whether in whole or in part, or create any derivative works from any part of the Services, or encourage, assist, or authorize any other person to do so;
10. No Use in Unauthorized Country. Use the Services in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
11. No Unauthorized Use. Use the services if You are on any U.S. Government list of prohibited or restricted parties.

Enforcement of Prohibited Uses and User Conduct. THE HIVE provides a variety of services to connect individuals with common interests. Users can utilize text-based conversational, live chat rooms, and other features to communicate with each other. In future updates, THE HIVE may offer its Users the ability to share additional content besides text, in its sole discretion, such as audio, webinars, downloads, applications, articles, photographs, and their arrangement, which may be publicly or privately accessible through THE HIVE's Site and App are accessible for public use. However, the terms of this Agreement may limit the use of such content. THE HIVE is committed to providing a safe and positive community for all its Users to share and connect based on common interests. Therefore, to protect THE HIVE and its Users, THE HIVE may take enforcement action, in its sole discretion, against a User for any objectionable behavior or actions under this Section. Such enforcement action may include, but is not limited to: – Labeling a post that may contain disputed or misleading information; – Limiting post visibility to other Users; – Removing a post in its entirety; – Temporarily hiding a post from public visibility while THE HIVE reviews its content for a violation of this Agreement; – Requiring media or profile edits; – Placing an account on read-only mode, of which the User may not post content which is available to public view; – Require verification of account ownership; – Require verification of account geolocation with regards to a post; and/or – Permanently suspend an account.
1. Factors to Determine Enforcement Action. Although THE HIVE may in its sole discretion take any enforcement action that it deems necessary and proper in carrying out the terms of this Agreement, THE HIVE may consider numerous factors in determining the severity of enforcement actions including, but not limited to:
  - the behavior is directed at an individual, group, or protected category of people;
  - the report has been filed by the target of the abuse or a bystander;
  - the User has a history of violating Our policies;
  - the severity of the violation; and
  - the content may be a topic of legitimate public interest.
2. Disputing an Enforcement Action. Any User may dispute an enforcement action taken by THE HIVE by emailing THE HIVE at support@thehiveenterprisesllc.com having the subject of the email as "Dispute – Zero Tolerance" and the body of the email containing a brief description of the reasons why THE HIVE should not take enforcement action or reduce the severity of the enforcement action. THE HIVE may take any dispute into consideration at its sole discretion.

Children Under Thirteen. Our Site and App is not intended for children under 13 years of age. THE HIVE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If We learn that we have collected or received personal information from a child under 13 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 13, please contact us at support@thehiveenterprisesllc.com. Our Site and App have age restrictions such that You must be at least 18 years old to access Our Site and App and/or create an account with The Hive. THE HIVE is not responsible for any damages or harm resulting from a user’s misrepresentation of their age. Please see Section 10.0 of the Privacy Policy for more information regarding the Children's Online Privacy Protection Act.

Links to Third Party Sites/Third Party Services. The Site or App may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of THE HIVE and THE HIVE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. THE HIVE is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by THE HIVE of the site or any association with its operators.
1. Use of Third-Party Services. Certain services of THE HIVE or made available via the Site or App may be delivered by third party sites and organizations. By using such third-party services, You acknowledge and agree that THE HIVE is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third-party services. THE HIVE does not warrant or endorse, and does not assume and will not have any liability or responsibility to You or any other person for any third-party services, or for any other materials, products, or services of third parties. Third-party services and links to other websites or resources may be provided for Your convenience, but they are beyond the control of THE HIVE, and THE HIVE does not assume any responsibility for the content or privacy practices of such websites or resources.
2. Consent to Shared Information. By creating an account with THE HIVE, You affirmatively consent that by using any product, service or functionality originating from the Site or App, that THE HIVE may share such information and data with any third party with whom THE HIVE has a contractual relationship to provide the requested product, service or functionality on behalf of its Users and customers. For more information regarding THE HIVE's use of Your information, please read the Privacy Policy.
3. Limitation of Liability. THE HIVE IS NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.

International Users. The Site and App is controlled, operated and administered by THE HIVE from Our offices in the State of New York, United States of America. If You access the Service from a location outside the USA, You are responsible for compliance with all national, state and local laws. You agree that You will not use THE HIVE content accessed through the Site or the App, or upload or publish content on the Site or the App, in any country or in any manner prohibited by any applicable laws, restrictions or regulations. For more information about THE HIVE compliance with international data protection, privacy, and regulation laws please visit the Privacy Policy.

Indemnification. You agree to indemnify, defend, and hold harmless THE HIVE, its officers, directors, employees, agents, and third parties from and against any and all claims, demands, expenses, damages, costs, penalties, fines, and liabilities arising out of or relating to (a) Your use of or inability to use the Site, the App, or services, (b) Your User Content, (c) Your violation of any terms of this Agreement or Your violation of any rights of a third party, (d) Your violation of any applicable laws, rules or regulations, or (e) any other party's access and use of the Site, the App, or services with Your account information. THE HIVE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with THE HIVE in asserting any available defenses.

Breach of Terms of Service. In the event of a breach of this Agreement, the non-breaching party shall provide written notice to the breaching party specifying the nature of the breach. The breaching party shall have 7 calendar days to cure the breach to the satisfaction of The Hive. The Hive reserves the right to determine, in its sole discretion, whether the breach has been cured. If the breach is not cured within the 7-day period or The Hive determines that the breach has not been cured, The Hive may temporarily or permanently suspend the account of the breaching party until the breach is cured.

Termination/Access Restriction. THE HIVE reserves the right, in its sole discretion, to terminate Your access to the Site and the App and the related services or any portion thereof at any time, without notice, for any reason, including but not limited to, Your breach of this Agreement.

Dispute Resolution and Arbitration. Any dispute or claim arising out of or in connection with this Agreement, including but not limited to any question regarding its existence, validity, or termination, shall be resolved through arbitration. The parties agree to resolve any disputes by binding arbitration in accordance with the rules of the American Arbitration Association, conducted by a single arbitrator. The arbitration shall take place in New York, NY, or another location agreed upon by the parties. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree to abide by all decisions and awards rendered in such proceedings. The parties agree that any such dispute or claim shall be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
1. Governing Law. This Agreement and any dispute arising from or related to this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws principles.
2. Jurisdiction and Venue. You hereby consent to the exclusive jurisdiction and venue of the arbitration and courts, state or federal, in the State of New York for all disputes arising out of or relating to the use of the Site or the App and this Agreement.
3. Survival of Dispute Resolution. This arbitration provision shall survive the termination of this Agreement. If any part of this provision is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.

Class Action Waiver. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and THE HIVE agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR APP AT ANY TIME.

Disclaimer of Warranties. THE HIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE HIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Without limiting the foregoing, THE HIVE is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of Your use of the Services. You understand, acknowledge, and agree that You are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the Services, including, without limitation, User Content and conduct associated with Your use of the Services.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE APP, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APP, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE HIVE, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE HIVE’S LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE APP.

No Joint Venture or Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between You and THE HIVE resulting from this Agreement or use of the Site or the App.

Compliance with Laws and Legal Process. THE HIVE's performance of this agreement is subject to applicable laws and legal process, and nothing in this agreement shall be construed to limit THE HIVE's right to comply with any governmental, court, or law enforcement requests or requirements relating to Your use of the Site or the App, or information provided to or gathered by THE HIVE with respect to such use.

Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. The parties shall make a good faith effort to replace the invalid, illegal or unenforceable provision with a valid provision that most closely reflects the original intent of the parties, and the economic and legal objectives of the Agreement.

Modification to the Agreement. THE HIVE reserves the right, in its sole discretion, without prior notice, to modify the terms of this Agreement by posting the revised Agreement on the Site and/or App. Your continued use of the Site or App following any such modification constitutes Your agreement to be bound by the modified Agreement. The most current version of the Terms will supersede all previous versions. THE HIVE encourages You to periodically review the Terms to stay informed of Our updates.

Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and THE HIVE with respect to the Site and the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and THE HIVE with respect to Your Use of the Services on the Site and the App.

Admissibility of Printed Version. A printed version of this agreement and of any notice given in electronic form shall 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.

English Language. It is the express wish to the parties that this agreement and all related documents be written in English.

Contact Us. THE HIVE welcomes Your questions or comments regarding this Agreement and statement of Terms and Conditions. If You have any comments, questions, or suggestions regarding this Agreement that can help THE HIVE provide better Services to You, or if You believe that THE HIVE has not adhered to this Agreement, please contact THE HIVE at: support@thehiveenterprisesllc.com.

Effective as of March 31, 2023.