These Terms and Conditions constitute a binding legal agreement between you as user (“you”) and Hyprcubd, Inc. (“Hyprcubd,” “we” or “us”), a Missouri Corporation that owns and operates the website www.hyprcubd.com together with affiliated websites, services and applications.
YOU MUST NOT ACCESS OR USE THIS WEBSITE OR SERVICES IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
Hyprcubd is the exclusive owner and operator of hyprcubd.com, the website and services we offer. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. Your continued use of Hyprcubd’s website and services following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use Hyprcubd’s website and services. We may alter, suspend or discontinue any aspect of Hyprcubd’s website and services at any time, including the availability of any feature, database or content. We may also impose limits on certain features and aspects of Hyprcubd’s website and services or restrict your access to parts or all of Hyprcubd’s website and services without notice or liability.
You agree to review these Terms and Conditions periodically to be aware of any such revisions.
You must be eighteen (18) years of age or older to use Hyprcubd’s website and services. By visiting Hyprcubd.com or accepting these Terms and Conditions, you represent and warrant to Hyprcubd that you are eighteen (18) years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms and Conditions. You also represent and warrant to Hyprcubd that you will use this website in a manner consistent with any and all applicable laws and regulations.
“Personal Information” means all information about an identifiable individual.
These Terms and Conditions constitutes your agreement with Hyprcubd with respect to your use of our website and services. You must agree to abide by all of the terms and conditions contained in these Terms and Conditions in order to become or remain a user of our website and services. You are granted a nonexclusive, limited, non-sublicensable license to access and use Hyprcubd’s website and services, subject to these Terms and Conditions. We may revoke this license at any time.
You understand and agree that all information, including, but not limited to, text, graphics, pictures, video, links, addresses, data, functionality, health information, personal data and information, and other materials that you or a third party allow, submit, post, obtain, email or transmit (or the like) to our website (collectively, “Your Content”) is your responsibility and not our responsibility. We do not control Your Content nor do we have any obligation to review, refuse, or remove any other content available via our website and service; however, we reserve the right to remove any content, including Your Content, available via our website and services at any time. Circumstances under which we may remove Your Content include, but are not limited to, violation of the terms of these Terms and Conditions, abuse of or on our website and services, notification of possible infringement of another’s rights, privacy concerns, compliance with laws and in the assistance of law enforcement. Additionally, we do not guarantee the accuracy, integrity or the usefulness of Your Content.
All other content that is not Your Content that is contained on Hyprcubd’s website and services (“Our Content”) is owned, controlled or licensed by or to Hyprcubd, except for the content of other users of our website and services, and is protected by trade dress, copyright, patent and trademark laws, and other intellectual property and unfair competition laws. Except as expressly provided in these Terms and Conditions, none of Our Content may be copied, encoded, posted, publicly displayed, reproduced, republished, uploaded, translated, transmitted or distributed in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, without our express prior written consent. Likewise, you may not copy, encode, post, publicly display, reproduce, republish, upload, translate, transmit or distribute in any way to any other computer, server, website or other medium, electronic or otherwise, for publication or distribution or for any commercial enterprise, another Hyprcubd.com user’s content without that other user’s express consent or authorization.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Hyprcubd’s website and services, or any of Our Content, or in any way reproduce or circumvent the navigational structure or presentation of Hyprcubd’s website or any other content on our website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. You may not attempt to gain unauthorized access to any portion or feature of Hyprcubd’s website, or any other systems or networks connected to Hyprcubd’s website or servers, or to any of the services offered on or through the website, by hacking or any other illegitimate means. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Hyprcubd’s website or any transaction being conducted on the website, or with any other person’s use of the website. You may not use our website or any other content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of Hyprcubd or users of our website and services.
By using Hyprcubd’s website and services you acknowledge that:
a. We cannot ensure the security or privacy of information you provide through the Internet, and you release us from any and all liability in connection with the use of such information by other parties;
b. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should be cautious in selecting the personal information you provide to others through Hyprcubd’s website and services; and
As part of the services we offer, we may provide you with online access to download and use certain software for use with our website and/or services (“Software”). You are granted a nonexclusive, limited license to use the Software and related user documentation in accordance with the terms and conditions set forth in these Terms and Conditions. The Software may not be re-sold, sub-licensed, rented, leased or transferred unless expressly authorized by Hyprcubd in writing, and may only be used in conjunction with our website and/or services. We reserve the right to terminate your use of the Software for any reason. If the Software is distributed to you with separate governing terms, your use of the Software shall be governed under those separate terms. Notwithstanding anything to the contrary in these Terms and Conditions, you may not reverse engineer, decompile, or disassemble the Software, except and only to the extent such activity is expressly permitted by Hyprcubd. We reserve the right to charge you a software license fee for the license of the Software.
You agree to use Hyprcubd’s website and services in accordance with the following:
a. You will not use Hyprcubd’s website and services to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain abusive or defamatory statements, or obscene, offensive or otherwise objectionable language.
b. You agree to provide accurate, current and complete information and to use commercially reasonable efforts to maintain and promptly update the information to keep it accurate, current and complete. You also agree that if you provide information that is intentionally inaccurate, not current or incomplete in a material way, or we have reasonable grounds to believe that such information is untrue, inaccurate, not current or complete in a material way, we have the right to suspend or terminate your use of our website and services or any portion thereof.
c. You will not use our website and services to infringe the privacy rights, property rights, or any other rights of any person.
d. You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law.
e. You will not use our website and services e to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to our website and services or to other members' systems in any way.
f. You shall not have an account or use our website and services if you have been previously removed by Hyprcubd staff or moderators.
g. You shall not use your account to advertise, solicit, or transmit any commercial advertisements through any chain letters, junk e-mail or repetitive messages to anyone.
h. You shall not use your account to engage in any illegal conduct.
i. You shall not allow anyone other than the original account creator to gain access to our website and services using the Account.
j. You shall accept full responsibility for any unauthorized use of our website and services by third parties in connection with your Account.
k. You shall not use your account to engage in any hate speech or to publish any sexual content.
l. You are responsible for: (a) the security of the services that we provide to you, including, but not limited to your access and you are responsible for all activities that occur under our services, (b) any act or omission by you relating to access to and use of our website and services; and (c) implementing security and other policies and procedures necessary to limit access to our website and services, including, but not limited to, the maintenance of the confidentiality of all usernames and passwords provided by us or created as part of our services.
m. You agree to immediately notify us of any attempted or actual unauthorized access or use of our website and services and/or any other breaches of security.
n. You acknowledge and agree that we will not be liable, directly or indirectly, for any acts or omissions by you, including any damages of any kind incurred, including any incidental or consequential damages, as a result of such acts or omissions.
o. You understand that the technical processing and transmission of your electronic communications is fundamentally necessary to your use of our website and services. You therefore expressly consent to our interception and storage of electronic communications, your data, and Your Content, and you understand that your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by us.
p. You understand that changes to your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks and devices. You understand that electronic communications may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. You agree that we are not responsible for any electronic communication, your data or Your Content which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by us.
q. You own or otherwise have the right to use, post, and disclose Your Content on our website and services and that the use of such content does not and will not infringe or violate any of the rights of any third party pursuant to applicable laws.
r. You will not harasses or causes distress or inconvenience to any person via the transmission of obscene or offensive Content.
s. You will not disrupt the normal flow of any access to, or use of, our website and service.
t. You agree to comply with all local rules regarding online conduct and acceptable content.
u. You will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
UNLESS EXPLICITLY STATED HEREIN, NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED AS CONFERRING ANY LICENSE TO INTELLECTUAL PROPERTY RIGHTS, WHETHER BY ESTOPPEL, IMPLICATION OR OTHERWISE.
REMEDIES; INJUNCTIVE RELIEF
If we do not insist upon strict performance of any of your obligations under these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
You acknowledge and agree that your breach or threatened breach of these Terms and Conditions shall cause Hyprcubd irreparable damage for which recovery of money damages would be inadequate and that Hyprcubd may seek injunctive relief to protect its rights under these Terms and Conditions in addition to any and all other remedies available at law or in equity.
You own all of Your Content on Hyprcubd’s website and services. You are permitted to export or remove Your Content at any time and for any reason. Hyprcubd does not claim any ownership or control over Your Content.
Hyprcubd owns, has licensed, or otherwise has rights to use all of Our Content that appears in Hyprcubd’s website and services. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any of Our Content that appears in Hyprcubd’s website and services.
PERSONAL RESPONSIBILITY; LIABILITY
Hyprcubd is not a content publisher. You will be solely responsible for Your Content and anything and everything you submit and publish to Hyprcubd’s website and services. We cannot assume any responsibility or liability over any material or Your Content published by you or other users on Hyprcubd’s website and services. The responsibility over any published material or content lies solely on the user that submitted it to our website and services. You are solely responsible for Your Content and information that you provide, publish, transmit, display or otherwise communicate to us through our website and services or to other users including, without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through chat messages, community pages, email messages, mobile messages, photos and profile information. Hyprcubd does not control, take responsibility for or assume liability for any content posted by you or any third party, or for any loss or damage thereto, nor is Hyprcubd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you encounter.
We reserve the right to monitor anything and everything submitted by you to Hyprcubd’s website and services to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
While we do not and cannot review every message or other material uploaded, posted or sent by users of Hyprcubd’s website and services, and are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and content, that we, in our sole discretion, deem to violate the CONDUCT; RESTRICTIONS AND PROHIBITIONS provisions set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to Hyprcubd’s website and services.
We may, in our sole discretion, terminate or suspend your access to all or part of Hyprcubd’s website and services at any time, with or without notice, for any reason, including, without limitation, breach of these Terms and Conditions. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of Hyprcubd’s website and services by others may be grounds for termination of your access to all or part of Hyprcubd’s website and services at our sole discretion, and you may be referred to appropriate law enforcement agencies.
You may cancel your use of our website and services at any time by following the instructions located at https://www.hyprcubd.com/help/cancel. You are solely responsible for cancelling your account before the next invoice period. You understand and agree that we may immediately terminate your right to use Hyprcubd’s website and services without notice to you under certain circumstances, including, but not limited to:
a. breaches of these Terms and Conditions or our other policies;
b. requests by law enforcement, government agencies or court order;
c. security and technical issues or problems;
d. non-payment of any fees owed by you; or
e. extended periods of inactivity.
If we terminate your right to use Hyprcubd’s website and services, you understand and agree that we may delete all of Your Content (and any content associated with you) and that we will not be liable to you or any third party, for any termination of your right to use our website and services or for the deletion of Your Content. Upon termination, we will have no further obligation to grant you any access to or use of our website and services.
We have no control over any links or other resources available to you via our website and services. Your interaction with and third parties via Hyprcubd’s website and services are solely between you and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that we will not be liable, directly or indirectly for any loss or damage of any kind or nature, including any incidental or consequential damages, arising out of or related to, or incurred in reliance upon, any such interactions, links, resources or content.
All payments due are in US dollars unless otherwise indicated. We accept credit cards as payment sources through a third party payment processor, Stripe, Inc. For more information about Stripe please visit https://stripe.com. All payments are final and non-refundable, except in our sole discretion. If your use of our website and services is terminated for any reason, whether by you or by us, you will lose and forfeit any time remaining on your account with us.
Your subscription to our website and services is on a month-to-month basis, billed on the first day of each month. The services we provide are defaulted to renew automatically.
You authorize us to bill the payment source you provide to us for all applicable fees. If your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make up to two attempts to reprocess your payment source. We reserve the right to disable or cancel your use of our website and services immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the rate of one and one-half percent (1 ½%) per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of our reasonable expenses (including attorneys’ fees) incurred by us relating to collection activities associated with your past due accounts.
You are responsible for all taxes associated with your use of Hyprcubd’s website and services. If we are required to collect or pay any taxes relating to your use of our website and services, you will be charged for all such taxes. If you are tax exempt, you must provide us with a valid tax exempt certificate authorized from the appropriate taxing authority.
If you are entitled to a refund of service fees from us, we will refund such service fees to you within Thirty (30) days.
Hyprcubd makes efforts to ensure that this website is free from viruses and defects. However, it is your responsibility to ensure that the right equipment is available to you in order to use the website and screen out anything that may damage it. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Hyprcubd’s website or downloading of any content posted on it, or on any website linked to it.
You will not misuse Hyprcubd’s website and services by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or harmful. You agree not to attempt to gain unauthorized access to Hyprcubd’s website and services, the server on which Hyprcubd’s website is stored or any server, computer or database connected to Hyprcubd’s website and services. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Hyprcubd’s website and services will cease immediately.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT YOU USE HYPRCUBD’S WEBSITE AND SERVICES AT YOUR OWN RISK. HYPRCUBD’S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.
YOU ACKNOWLEDGE THAT USE OF HYPRCUBD’S WEBSITE AND SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH HYPRCUBD’S WEBSITE AND SERVICES, OUR PARTNERS OR ANY USER OF HYPRCUBD’S WEBSITE AND SERVICES OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF HYPRCUBD’S WEBSITE AND SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS AND CONDITIONS, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL HYPRCUBD, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY HYPRCUBD AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE HYPRCUBD’S WEBSITE AND SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF HYPRCUBD.COM WEBSITE AND SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER HYPRCUBD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are responsible for making all the necessary arrangements to ensure you can access Hyprcubd’s website and services (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). Hyprcubd shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Hyprcubd’s website and services through mobile services or any similar service currently known or developed in the future.
By accessing Hyprcubd’s website and services or agreeing to receive messages or notifications from Hyprcubd through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. Hyprcubd shall not under any circumstances be liable for such charges.
We operate in accordance with the US Copyright Law and require you to comply as well. The Digital Millennium Copyright Act of 1998 ("DMCA") provides owners of copyrighted material who suspect that their rights under U.S. Copyright Law have been violated with certain remedies. One such remedy is contacting the Internet service provider’s designated agent to report suspected infringements that appear on website and Internet pages hosted by that Internet service provider.
If we receive a notification of suspected copyright infringement, and assuming the notification satisfies the requirements of the DCMA Takedown Notice discussed below, we may remove or prohibit access to such materials. However, you may submit to us a counter-notice if you believe such notice of suspected copyright infringement was falsely or mistakenly filed.
DMCA Takedown Notice
If you believe your copyrights have been infringed because of material appearing on our website and services, you must file your claim of infringement with our designated DMCA agent via mail at the address below.
118 N. Conistor Ln., Suite B128
Liberty, Missouri 64068
Alternatively, you may email us with your complaint of claimed infringement at: [email protected]
Before you send a DMCA Takedown Notice, you should establish that:
a. You own the copyright or are entitled to assert an infringement of a copyright under a valid and existing license; and
b. The alleged infringement does not fall into an accepted safe harbor exception such as fair use or covered under the laws governing free speech.
In order for us to evaluate your claim of copyright infringement, your DMCA Takedown Notice must:
17 United States Code 512(c)(3). Please consult the DMCA for additional details on the information necessary for valid notification. Misrepresentations and false accusations of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys' fees.
Counter-notification response to Claims of Copyright Infringement
You may file a counter-notification with our designated DMCA agent. All such responses must be submitted to the address listed above in this section and must contain the following:
1. A physical or electronic signature of the subscriber.
2. Identification or a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, including the URL of the page that had the content removed.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
17 United States Code 512(g)(3). Please consult the DMCA for additional details on the information necessary for valid counter-notification. Misrepresentations and false responses to claims of copyright infringement may subject you to damages including, but not limited to, fees incurred in blocking material, court costs, and attorneys’ fees.
As provided by the DMCA, after receipt of a valid counter-notification, we may restore or re-enable access to removed material.
We will not be involved as a party to disputes over alleged copyright infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.
We reserve the right to terminate any account or remove any content if we, in our sole discretion, believe that the account owner has repeatedly violated the DMCA. Additionally, you should seek your own legal counsel if: (i) you believe your copyrights have been infringed, or (ii) if a notice of copyright infringement has been filed against you.
TRADEMARK DISPUTE POLICY
If you believe that we or another user of our website and services is using a registered trademark in a way that constitutes trademark infringement, then you may send a notice of trademark infringement to our Designated Agent at:
118 N. Conistor Ln., Suite B128
Liberty, Missouri 64068
Alternatively, you may email us with your complaint to [email protected]
To be considered, the notice of trademark infringement must include all of the following:
a. The registration number(s) of the trademark that is allegedly being infringed;
b. The countries or territory in which the infringed trademark is registered;
c. A sufficient description of the infringed trademark;
d. A list of the goods and/or services for which the infringed trademark is registered;
e. A statement that your compliant of infringement is “made in good faith” and under the belief that use of the infringed trademark is not authorized by the owner of the trademark, an agent of the trademark owner, or by operation of law;
f. A statement of facts supporting your assertion that trademark rights are being infringed;
g. The URL of the webpage for each of the allegedly infringing trademarks is located;
h. Your contact information, including address, telephone number and email address;
i. A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the trademark owner or is authorized to act on behalf of the trademark owner; and
j. Either an electronic or physical form of your signature.
You should seek your own legal counsel if: (i) you believe your trademarks have been infringed, or (ii) if a notice of trademark infringement has been filed against you. We will not be involved as a party to disputes over alleged trademark infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you. Common-law Trademarks
Hyprcubd is generally unable to evaluate the validity or assertion of an infringement of a common-law trademark. If you believe that a common-law trademark you own, or are entitled to use, is being infringed, you must contact the user that you believe is infringing the trademark to resolve any claims. Additionally, you should seek your own legal counsel if: (i) you believe your common-law trademarks have been infringed, or (ii) if a notice of infringement of a common-law trademark has been delivered to you. We will not be involved as a party to disputes over alleged common-law trademark infringement and you agree to indemnify, defend and hold us harmless from and against any costs, damages or expenses (including reasonable attorney fees) we incur arising out of or related to any alleged or actual infringement involving you.
We reserve the right to terminate any account or remove any content if we, in our sole discretion, believe that the account owner has repeatedly violated any applicable trademark law or regulation. Additionally, you should seek your own legal counsel if: (i) you believe your trademarks have been infringed, or (ii) if a notice of trademark infringement has been filed against you.
REPORTING OTHER USERS’ VIOLATIONS OF THESE TERMS AND CONDITIONS
To report any other actual or potential violation of these Terms and Conditions, please contact us at:
118 N. Conistor Ln., Suite B128
Liberty, Missouri 64068
Alternatively, you may email us with your complaint to [email protected]
You hereby agree to indemnify, defend and hold harmless Hyprcubd and all officers, directors, owners, agents, information providers, affiliates, licensors, licensees, successors and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or the foregoing representations, warranties and covenants. You also agree to indemnify and hold the Indemnified Parties harmless from any loss, damage, liability or expense you incur or sustain arising out of your use of Hyprcubd’s website and services except for liability for any acts or omissions of Hyprcubd which involve willful or intentional misconduct, fraud or knowing violation of law. You shall cooperate as fully as reasonably required in the defense of any such claim. Hyprcubd reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Hyprcubd administers and operates the www.hyprcubd.com website from various locations inside and outside the United States. Although the website is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Hyprcubd’s website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Hyprcubd reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If you wish to report any violation of these Terms and Conditions by others, you may do so by contacting us at [email protected], outlining the abuse and or complaint.
We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to Hyprcubd’s website and services, or of any Hyprcubd related products and services. We reserve the right to disclose information about your usage of Hyprcubd’s website and services and demographics in forms that do not reveal your personal identity.
These Terms and Conditions represent the entire agreement between you and Hyprcubd regarding the use of our website and services and supersedes any other agreement or understanding on the subject matter. These Terms and Conditions, your rights and obligations, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of Missouri, United States of America. As a condition of using Hyprcubd’s website and services, each user agrees that any and all disputes and causes of action arising out of or connected with Hyprcubd’s website and services, shall be resolved through arbitration, with such arbitration to be held in Kansas City, Missouri, United States of America.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and be enforceable. these Terms and Conditions are not assignable, transferable or sublicensable without our prior written consent. Hyprcubd may assign these Terms and Conditions in whole or in part.
Nothing contained herein will be construed to constitute any party as a partner, employee or agent of the other party, nor will any party hold itself out as such. No party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions.
These Terms and Conditions and other policies instituted by Hyprcubd will be governed by and construed in accordance with the laws of Missouri, without effect to conflict of laws provisions. Any claims or legal proceeding arising out of or related to our website and services will be brought solely in the state and federal courts located in Kansas City, Missouri, and you hereby consent to the jurisdiction of such courts. Additionally, except where prohibited by law, as a condition of using Hyprcubd’s website and services, you agree that any and all disputes and causes of action arising out of or connected to our website and services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Hyprcubd.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Our failure to exercise or enforce any right or provision of these Terms and Conditions or other policies shall not constitute a waiver of the right or provision. Performance by any party of any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.
If any provision of these Terms and Conditions or other policies is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms and Conditions and other policies remain in full force and effect.
Updated by Hyprcubd, Inc. on December 18, 2018