PRIVACY POLICY AND DISCLOSURES

We believe in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Service, to understand our practices.

In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect BHively's systems, assets, employees, members and customers; (b) to ensure the integrity and operation of BHively's business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. BHively’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of BHively’s Privacy Policy.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS

We appreciate hearing from you. Please be aware that by submitting content to the Service by email, or by posting any amount on a Page including information, poll responses, reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant BHively and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that BHively may choose to provide attribution of your Content at our discretion. You further grant BHively the right to pursue at law any person or entity that violates your or BHively's rights in the Submissions by a breach of this Agreement. You authorize BHively to make copies of Submissions as it deems necessary in order to facilitate your use of its Service and available products. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

This Service may contain discussion forums, polls, review services, or other forums in which you or third parties may post content, messages, materials or other items on this Service (“Interactive Areas”). If BHively provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Service any of the following:

  • Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ;
  • Content that facilitates sex trafficking, slavery, or child exploitation;
  • Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including BHively;
  • Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  • Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files;
  • Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
  • Content or links to content that, in the sole judgment of BHively, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Service, or (d) which may expose BHively or its affiliates or its users to any harm or liability of any type.

BHively takes no responsibility and assumes no liability for any Content posted, stored, transmitted or uploaded by you or any third party, or for any loss or damage thereto, nor is BHively liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, BHively is not liable for any statements, representations or Content provided by its users in any public forum, personal Page or other Interactive Area. Although BHively has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, BHively reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Service at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you provide to us or store on this Service at your sole cost and expense.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by BHively or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release BHively, and its licensees, successors and assigns, from any claims that you could otherwise assert against BHively by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of this Service in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Service.

ADDITIONAL CONTENT RULES

BHively is committed to crowdsourcing accurate brand affinity information in a transparent manner. In support of this commitment, we require our users to abide by these rules to keep our community an honest and safe space.

  • Truthfulness: Do not post Content that is inaccurate or misleading. Try your best to avoid bias and remain objective regardless of your point of view.
  • Keep it Clean: Be respectful of the Service and its users. Do not post Content that is lewd, hateful, or harassing.
  • Spam: Unless you’re creating an Affinity Page about yourself, your business, or your brand, do not use Pages as forums for self-promotion. Don’t solicit Content (paid or otherwise) from other users or potential users to artificially affect the Content of your brand’s Affinity Page.
  • Relevance: Please only post Content that comes from your own, first-hand, experience. Third party content (e.g. “My cat said…or MaryJoe said”) is unreliable and should not be used. Please also try to make Content timely and relevant. Don’t post Content that’s dated (e.g. “Two years ago, I used their services…) or irrelevant (e.g. “The color blue makes me hungry.”).
  • Hateful Conduct: You may not promote violence against or directly attack or threaten other people or entities (businesses, places, things) on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. Examples of what we do not tolerate includes, but is not limited to, behavior that harasses individuals or groups of people with: violent threats; wishes for the physical harm, death, or disease of individuals or groups; references to mass murder, violent events, or specific means of violence in which/with which such groups have been the primary targets or victims; behavior that incites fear about a protected group; and repeated and/or non-consensual slurs, epithets, racist and sexist tropes, or other content that degrades someone.
  • No Bullying: We also do not allow accounts whose primary purpose is inciting harm, bullying, or shaming towards others, on the basis that these categories or accounts are intended for the bullying private individuals.
ENFORCEMENT OF CONTENT AND SUBMISSIONS RULES

We enforce policies when someone reports behavior that is abusive and targets an entire protected group and/or individual. BHively will make commercially reasonable efforts to investigate reports of service abuse on a timely basis. We accept reports of terms of service violations from anyone. While we accept reports of violations from anyone, sometimes we also need to hear directly from the target to ensure that we have proper context.

If BHively deems that an AffinityPage has been created for purposes of bullying, shaming, spreading hate or violence, or that an AffinityPage in any other way violates these Terms of Service, BHively will remove or suspend the AffinityPage and the Affinity Poll / AffinityPage creator (the user) from the BHively website.

If you are a law enforcement official seeking records from BHively, we request you please follow these guidelines, as we We disclose account records solely in accordance with our Terms of Service and applicable law, including the federal Stored Communications Act (“SCA”), 18 U.S.C. Sections 2701-2712. Under U.S. law:

  • A valid subpoena issued in connection with an official criminal investigation is required to compel the disclosure of basic subscriber records (defined in 18 U.S.C. Section 2703(c)(2)), which may include: name, length of service, credit card information, email address(es), and a recent login/logout IP address(es), if available.
  • A court order issued under 18 U.S.C. Section 2703(d) is required to compel the disclosure of certain records or other information pertaining to the account, not including contents of communications, which may include message headers and IP addresses, in addition to the basic subscriber records identified above.
  • A search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant procedures upon a showing of probable cause is required to compel the disclosure of the stored contents of any account, which may include messages, photos, videos, timeline posts, and location information.

For private party requests, including requests from civil litigants and criminal defendants, please contact us at:[email protected]

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS BHively’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS SERVICE. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED VIA THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. BHively DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED VIA THE SERVICE. IN ADDITION, BHively EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY CONTENT OR INFORMATION AVAILABLE VIA OUR SERVICE.

BHively MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SERVICE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BHively DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL SENT FROM BHively, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIPADVISOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

IN NO EVENT SHALL BHively BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SERVICE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION AND OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SERVICE), WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BHively HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If BHively is found liable for any loss or damage that arises out of or is in any way connected with your use of our sites or services, then BHively’s liabilities will in no event exceed One-Hundred Dollars (US $100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of BHively.

INDEMNIFICATION

You agree to defend and indemnify BHively and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of this Agreement or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of this Service.
LINKS TO THIRD-PARTY SITES

This Service may contain hyperlinks to websites operated by parties other than BHively. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Service or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on BHively to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.

SOFTWARE AVAILABLE ON THIS WEBSITE

Unless otherwise specified, the materials on the websites are presented solely to provide information regarding and to promote BHively’s services, websites, partners and other products available in the United States, its territories, possessions and protectorates. The BHively websites are controlled and operated by BHively from its offices in Washington State in the United States. BHively makes no representation that materials on the BHively websites are appropriate or available for use outside of the United States. Those who choose to access the BHively website from outside of the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the BHively websites is further subject to United States export controls. No software from the BHively websites may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the BHively websites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Any software that is made available to download from the BHively websites ("Software") is the copyrighted work of BHively, or BHively affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Service not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Service in accordance with these terms and conditions and for no other purpose.

Please note that all Software, is owned by BHively and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Service are: ©2018 BHively, Inc. All rights reserved. BHively is not responsible for content on websites operated by parties other than BHively. BHively™ and all other product or service names or slogans displayed on this Service are registered and/or common law trademarks of BHively, Inc. and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BHively or the applicable trademark holder. In addition, the look and feel of this Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of BHively and may not be copied, imitated or used, in whole or in part, without the prior written permission of BHively. All other trademarks, registered trademarks, product names and company names or logos mentioned in this Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BHively.

If you are aware of an infringement of either your brand or our brand, please let us know by following the Copyright Complaint Policy below.

COPYRIGHT COMPLAINT POLICY

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

JURISDICTION AND GOVERNING LAW

This Service is operated by a U.S. entity and this Agreement is governed by the laws of Washington State, USA. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Service. You agree that all claims you may have against BHively arising from or relating to this Service must be heard and resolved in a court of competent subject matter jurisdiction located in Washington State. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

GENERAL PROVISIONS

You agree that no joint venture, agency, partnership, or employment relationship exists between you and BHively and/or affiliates as a result of this Agreement or use of this Service.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Service or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and BHively with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and BHively with respect to this Service. 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.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Service are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

SERVICE HELP

For answers to your questions or ways to contact us [email protected].