June 28, 2017
1. AN AGREEMENT BETWEEN YOU AND US
2. ACCESS AND USE OF THIS WEBSITE
All materials in this Site are made available only to provide information about Greyhive.
- No Reliance on Information Posted. We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place, or decisions You make, on such information is strictly at Your own risk. YOU HEREBY AGREE TO RELEASE GREYHIVE FROM ANY AND ALL LIABILITY ASSOCIATED WITH YOUR RELIANCE ON OR SUBSEQUENT USAGE OF ANY INFORMATION PRESENTED ON THIS SITE. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by You or any other User of the Site, or by anyone who may be informed of any of its contents.
- Use for United States Only. Greyhive controls and operates this website from the State of Tennessee within the United States of America. We make no representation that these materials are appropriate or available for use in other locations, outside of the United States. If You use this Site from other locations You are responsible for compliance with applicable United States and any other applicable, local laws. By using this Site, You represent and warrant that You are a lawful User of this Site.
- Links to Third-Party Websites. This Site may contain links to other websites on the Internet, and which are not maintained by Greyhive. When You leave this Site, You do so at Your own risk. By providing a link to a third-party website, We are not endorsing or attempting to associate with any other entity. Other websites are not under Our control, and You acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that Greyhive shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, Your reliance on any information, any good, any service, or any other material provided through a third-party website.
- User Accounts.
- Accounts. Before You purchase a subscription, service, or product from this Site in accordance with the terms of Section 3, below, You must register for an account on the Site (“Account”). You must be at least eighteen (18) years old to register for and maintain an Account on this Site. You are required to create a username and to provide a password when You create an Account. You are required to provide other important contact information. You are required to provide accurate and complete information when you create an Account. You are required to update Your information in order to maintain its accuracy on an ongoing basis. You will be solely responsible for Your Account and for any activity that occurs with Your Account. You are solely responsible for the security of Your Account, including but not limited to, keeping access to Your Account secure, preventing circumvention of access, reporting any breaches within Your Account to Us, and any other applicable security measures.
- Your General Responsibility. You are solely responsible for any activity that takes place with Your Account and for maintaining the confidentiality and security of Your Account information, including passwords. You agree that You will never use another User’s Account for any reason without that User’s prior written permission. You may not transfer or assign Your Account without first obtaining the express, written permission of Greyhive.
- Your Security Obligations. A User who is provided with, or who has provided during the course of registration, a username, password, or any other piece of information as part of the Site’s security procedures, must treat such information as confidential, and the User must not disclose it to any other person or entity. You acknowledge that Your Account is personal, and You hereby agree not to provide any other person with access to this Site or portions of it using the designated username, password, or other security information required to access Your Account.
YOU FURTHER AGREE TO NOTIFY GREYHIVE IMMEDIATELY OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY OF WHICH YOU BECOME AWARE. YOU ACKNOWLEDGE THAT THE UNAUTHORIZED USE OF YOUR ACCOUNT COULD CASE YOU TO INCUR LIABILITY, WHETHER TO US AND/OR TO OTHER USER(S) OF THIS SITE. YOU AGREE THAT GREYHIVE SHALL HAVE NO LIABILITY FOR THE UNAUTHORIZED USE OF YOUR ACCOUNT.
- Exiting This Site. You agree to exit from Your Account, each time You prepare to leave this Site.
- Deleting Your Account. If, after creating Your Account, You would like to delete the Account and cease using the Site, You may submit to Us a request to delete Your Account by emailing us at email@example.com
- Disabling An Account. We, in Our sole discretion, reserve the right to disable or delete any username, password, or Account access, without prior notice.
- Prohibited Uses. As a condition of use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
You agree that You shall refrain from any and all of the activity listed below, which is not meant to be an exhaustive list of prohibited uses of this Site, but is merely illustrative of the types of activities and behaviors that are forbidden:
- You agree not to falsify any personal information or otherwise create misleading information.
- You agree not to impersonate or attempt to impersonate Greyhive, a Greyhive employee, another User or any other person or entity, or to otherwise engage in fraudulent behavior.
- You agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- You agree not to use any device, software, or routine that could interfere with the proper working of the Site.
- You agree not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site.
- You agree not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs.
- You agree not to use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- You agree not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
- You agree not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party.
- You agree not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent.
- You agree not to download, decompile, reverse engineer, disassemble, or manipulate the Site files or Site software in any manner.
- You agree not to interfere with or disrupt the Site networks or servers.
- You agree not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means.
- You agree not to use the Site to send unwanted advertising solicitation or spam.
- You agree not to interfere with Greyhive’s or another authorized party’s use and enjoyment of the Site. You shall not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate other Users, persons, or entities while using this Site. You shall not create or submit unwanted e-mail, comments, posts, or other forms of communications aimed at harassing any other Users.
- You agree not to post private or confidential information via the Site, including, without limitation, Your or any other person’s credit card information, social security, or alternate national identity numbers, non-public phone numbers or non-public e-mail addresses.
- You agree not to use the Site for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local, and provincial) applicable to Your use of the Site and any content that You upload to the Site, including but not limited to, copyright laws.
- You agree not to use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
- You agree not to post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site.
- You agree to maintain a positive sense of decorum in all of Your interactions with other Users on this Site. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during Your use of this Site.
3. PURCHASE OF SUBSCRIPTION AND OTHER TERMS OF SALE
By placing an order on this Site for a Subscription, or any other service or product, You are offering to make a purchase, and in doing so, you agree to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Greyhive, You must be at least eighteen (18) years of age and possess a valid credit or debit card issued by a bank acceptable to us. Greyhive retains the right to refuse any request made by You. If Your order is accepted, We will inform You by e-mail. When placing an order, You undertake that all details You provide to us are true and accurate, that You are an authorized user of the credit or debit card used to place Your order, and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such change without notice.
- Sales Contract. When You place an order, You will receive an acknowledgement e-mail confirming receipt of Your order. This e-mail will only be an acknowledgement and will not constitute acceptance of Your order. A sales contract between You and Us will not be formed until We send You confirmation by e-mail that the service(s) or good(s), which You ordered, have been dispatched to You (“Confirmation E-mail”).
- Payment. Your card will be debited upon submitting Your order. The monies received upon the debiting of Your card shall be treated as payment in full against the value of the services You purchased as listed in the Confirmation E-mail.
- Subscription. When You sign up and create an Account on this Site, the term of Your initial subscription shall be monthly or annually, to commence on the date that You sign up electronically by creating an Account (“Subscription”).
- Cancellation. You may cancel your Subscription at any time by sending an e-mail to us at firstname.lastname@example.org. Upon cancellation, Your Account will be inactivated and You will no longer be able to log into Your Account. You shall be responsible for the payment of any fees due to Us prior to the effective date of such cancellation. In the event that You have paid for the applicable billing period, YOU WILL NOT RECEIVE A REFUND for any unused (pro-rata) portion of the fee owing for the unused billing period.
4. INTELLECTUAL PROPERTY
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other providers of such materials. For purposes of clarity, Greyhive owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all Site content and all User Account information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We retain all of these intellectual property rights. You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior written consent of Greyhive.
Furthermore, You acknowledge and recognize that other Users or parties might post information about themselves or their businesses to this Site. You agree that You will not copy, download, publish, distribute, or reproduce any of the information contained on this Site in any form without the prior written consent of the User or party who has posted the content in question. Users may not violate the intellectual property rights of other parties, including but not limited to, using the Site to infringe upon the copyright, trademark, trade secret, or patent rights of any other party. If any party alleges intellectual property right infringement against a User of this Site, Greyhive reserves the right to terminate or suspend any allegedly infringing Account, conduct Our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998, the Lanham Act, and other applicable federal or state intellectual property laws. If You believe that a user of this Site is infringing Your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO GREYHIVE, IMMEDIATELY, in accordance with our DMCA Policy, outlined below.
- User-Submitted Content. When You submit comments, ideas, suggestions, photos, graphics, or any image, text, video, or audio files, or any other type of information through this Site, You grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“User-Submitted Content”). All User-Submitted Content shall be considered public and non-confidential information. For purposes of clarity, Greyhive will be under no obligation to treat User-Submitted Content as confidential or proprietary. You hereby acknowledge and agree that User-Submitted Content may be displayed on this Site and used by Us in any of Our marketing material(s), at Our sole discretion and without any duty of compensation to the User.
Additionally, when You submit information to this Site, You represent and warrant that You have ownership and authority to post the information. You agree that You will not post any information to this Site that You do not own. YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, OR OTHERWISE TRANSMIT, USER-SUBMITTED CONTENT ONTO THIS SITE, THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Greyhive from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
BY PROVIDING USER-SUBMITTED SITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR ALL MATERIAL THAT YOU SUBMIT, AND YOU ASSUME ALL LEGAL OBLIGATIONS RELATING TO YOUR USER-SUBMITTED SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE CONTENT’S APPROPRIATENESS, LEGALITY, AND INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP.
Our Compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512)
Greyhive complies with takedown procedures and counter-notice mechanisms, as specified under the Digital Millennium Copyright Act (“DMCA”), 17. U.S.C. § 512. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties must be sent to Our Designated Agent, Jeremy Harrell, whose contact information appears below. We have filed notice of our Designated Agent with the U.S. Copyright Office.
Copyright owners or agents may submit a notification of alleged infringement to Us, pursuant to the DMCA. We will only act on notices of claimed infringement made in accordance with the provisions of the DMCA. For a notice of claimed infringement to be effective under the DMCA, the notification of claim must be a written communication to Our Designated Agent. If You, as a copyright owner or agent of an owner, believe that there is material on this Site that infringes Your copyright(s), you may submit a proper notification, as described in § 512(c)(3), which shall include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a proper notification of alleged copyright infringement, We will remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that We have removed or disabled access to the material in question.
Copyright Infringement Notifications Should Be Directed to Our DMCA Agent:
ATTENTION: DMCA Notification
242 W. Main Street, #337
Hendersonville, TN 37075
- Or, you may send an e-mail notifying Us of alleged copyright infringement, provided the message within Your e-mail meets the standards iterated above, pursuant to 17 U.S.C. § 512(c)(3): email@example.com (ATTENTION: Mr. Jeremy Harrell, RE: DMCA Takedown).
YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION, YOUR DMCA NOTICE MAY NOT BE VALID.
Under the DMCA, claimants who make misrepresentations may be liable for any damages, including costs and attorneys’ fees, incurred by Greyhive for relying upon a misrepresentation. We reserve the right to pursue damages against such parties.
If a notice of copyright infringement has been filed with Us in accordance with the above terms, and We disables access to the allegedly infringing content, the third-party may file a counter notification with Our Designated Agent as listed above.
To be effective, a counter notification must be a written communication provided to Our Designated Agent that includes the following:
- A physical or electronic signature;
- Identification 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;
- A statement under penalty of perjury that the party have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
- A name, address, and telephone number; and
- A statement that the third-party consents to the jurisdiction of Federal District Court for the judicial district in which Greyhive, LLC, is located and that the third-party will accept service of process from the complainant or an agent of such person or entity.
If We receive a valid counter-notice, we will provide the original complainant with a copy of the counter notice, inform the complainant that it will replace the removed material or cease disabling access to it in within fourteen (14) days from receipt of the counter notification, provided, however, that We do not receive notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Our computer system.
The DMCA provides penalties for a false counter notice filed in response to a notice of copyright infringement. Greyhive, LLC, reserves the right to pursue damages, including attorneys’ fees, against claimants who make misrepresentations in their the counter notification statement.
By complying with the forgoing, it is Our expressed intent to comply with the provisions of the DMCA to limit its liability to the fullest extent as provided therein.
Repeat Infringer Policy
Greyhive will terminate any User Account that is the subject of two (2) separate DMCA takedown notification violations. For a User whose content is removed and later restored as part of a DMCA takedown and subsequent counter-notification procedure, We will treat that underlying DMCA notification as having been withdrawn. In any event, Greyhive reserves the right to terminate any User account, which is the subject of fewer than two (2) DMCA takedown notifications, according to our business judgment and as We deem appropriate, given the surrounding circumstances.
5. DISCLAIMER OF WARRANTIES
THE SITE, ALL INFORMATION CONTAINED HEREIN, AND ALL PRODUCTS PURCHASED HEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
GREYHIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE, GREYHIVE.COM, INFORMATION FOUND ON THIS SITE, SERVICES OR PRODUCTS PURCHASED THROUGH THIS SITE, OR SERVICES OR PRODUCTS OFFERED BY THIRD PARTIES THROUGH THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED OR IN CONNECTION WITH THE SERVICES OR PRODUCTS OFFERED IN CONNECTION WITH THE SITE. GREYHIVE DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our Site to reconstruct any lost data.
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 THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE SITE.
6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GREYHIVE FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE AND/OR YOUR PURCHASE OF SERVICES OR PRODUCTS FROM THIS SITE.
You, alone, acknowledge that You are responsible for any actions You take while on this Site. You recognize that Your use of the Site, and any subsequent actions arising from Your use of the Site are taken solely at Your own risk.
IN NO EVENT WILL GREYHIVE, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. ADDITIONALLY, YOU AGREE THAT GREYHIVE IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, OBSCENE, HARASSING, OR OTHERWISE UNLAWFUL CONTENT OR INFORMATION RESULTING FROM YOUR USE OF THIS SITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU FURTHER AGREE THAT GREYHIVE SHALL RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, and in such case, You agree to cooperate with Greyhive in the defense of such matter.
8. GOVERNING LAW, JURISDICTION
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.
No waiver by Greyhive of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Greyhive to assert a right or provision shall not constitute a waiver of such right or provision.
E-mail Address: firstname.lastname@example.org
Attention: Website Customer Service
242 W. Main Street, #337
Hendersonville, TN 37075
13. ENTIRE AGREEMENT