Hyype Space | Terms

Terms of Use

Last updated December 31, 2023

The Hyype SpaceSM application (“App”) provides an opportunity to host and participate in the community challenges and events as well as interact with other App users in a peer-to-peer manner. For purposes of these Terms of Use, references to the “App” include all services, features, functionality, and content provided through the App. These Terms of Use, including any documents incorporated by reference are referred to as “Terms of Use” and is entered into by you, on behalf of yourself and your organization, if using the App on behalf of your organization, or in furtherance of your organization's business (collectively, "you" or "your") and Hyype Space, LLC (“Hyype Space,” “us,” “our,” or “we”), and governs your access to and use of the App. These Terms of Use apply even if your use of the App is for a limited time, is free of charge, or both. You and Hyype SpaceSM may be referred to collectively as the “Parties.”

PLEASE READ THESE TERMS OF USE CAREFULLY.

THESE TERMS OF USE CREATE A LEGALLY BINDING CONTRACT. YOU REPRESENT AND WARRANT YOU ARE 13 YEARS OR OLDER, YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE, AND YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE APP. IF YOU ACCESS, USE, OR INSTALL THE APP, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF USE. IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT USE THE APP. IF USING THE APP ON BEHALF OF AN ORGANIZATION, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS AND CONDITIONS AND WILL, UPON OUR REQUEST, DELIVER DOCUMENTATION TO US DEMONSTRATING, TO OUR REASONABLE SATISFACTION, THIS AUTHORITY.

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE IN THE SECTION ENTITLED “ARBITRATION AGREEMENT” BELOW. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND HYYPE SPACE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND HYYPE SPACE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

THESE TERMS ARE A CONTRACT AND CONTAIN OTHER IMPORTANT PROVISIONS RELATING TO YOUR RIGHTS AND OBLIGATIONS. THE APP PROVIDES A PLATFORM FOR DISPLAY AND PERFORMANCE OF VIDEOS, AUDIO, IMAGES AND TEXT THAT ARE SUBMITTED, UPLOADED, POSTED, SHARED OR STORED IN THE APP, INCLUDING THOSE TO CREATE A CHALLENGE OR AS A SUBMISSION FOR A CHALLENGE, OR ANY APPEARANCE IN ANY CONTENT (COLLECTIVELY, “USER CONTENT”). VERY IMPORTANTLY, THE TERMS OF USE CONTAIN PROVISIONS RELATING TO INTELLECTUAL PROPERTY AND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO WHAT YOU UPLOAD TO THE APP.

YOUR USER CONTENT MAY HAVE COMMERCIAL USES BEYOND THE APP. WHEN YOU UPLOAD YOUR USER CONTENT ON TO OUR APP, YOU ARE GRANTING US THE EXCLUSIVE RIGHT AND LICENSE TO EXPLOIT THOSE USES, AS MAY EXIST NOW OR IN THE FUTURE, INCLUDING THE EXCLUSIVE RIGHTS TO COPY, PERFORM, DISPLAY, DISTRIBUTE, AND OTHERWISE MAKE AVAILABLE SUCH USER CONTENT FOR SUCH USES, AND FURTHER, YOU AGREE TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH GRANT AND TO OTHERWISE PERFECT OUR RIGHTS AS GRANTED.. CONSIDER VERY CAREFULLY IF THAT IS SOMETHING YOU WISH TO DO. PLEASE CLICK HERE FOR DETAILS.

IT IS VERY IMPORTANT TO RESPECT THE INTELLECTUAL PROPERTY OF OTHERS. YOU ARE RESPONSIBLE FOR WHAT YOU UPLOAD AND AGREE TO PROTECT US FROM ANY CLAIMS THAT ARISE BECAUSE YOU DIDN'T OWN WHAT YOU UPLOADED. CLICK HERE FOR DETAILS. PLEASE USE THE HIGHEST VIGILANCE. WHEN YOU UPLOAD ANY MATERIAL TO THE APP, YOU ARE REPRESENTING AND WARRANTING YOU HAVE ALL RIGHTS TO USE MATERIAL. PLEASE BE CERTAIN YOU HAVE SUCH RIGHTS. PEOPLE HAVE MANY MISCONCEPTIONS ABOUT OWNERSHIP AND RIGHT TO USE INTELLECTUAL PROPERTY. FOR EXAMPLE, SOME PEOPLE THINK THAT IF YOU ARE NOT GETTING PAID, ITS OKAY TO USE SOMEONE ELSE'S COPYRIGHTED CONTENT. THAT IS NOT THE LAW. SEEK LEGAL COUNSEL IF YOU ARE UNSURE ABOUT INTELLECTUAL PROPERTY RIGHTS.

Who Can Use the App

The App is currently intended for individuals over the age of 13 and who are living in the United States or a United States territory. You are agreeing that (a) you are at least age 13 and are living in the United States or a United States territory, (b) you are not a person who is barred from using the App under the laws of the United States or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department's list of Specially Designated Nationals or face any other similar prohibition, and (c) you are not a convicted sex offender. In the event that you are an entity, the individual who is entering into these Terms of Use on your behalf represents and warrants that they are authorized and agree both in such individual's individual capacity and representative capacity to adhere to and act in all respects in accordance with the Terms of Use. If you are entity, or using the App on behalf of an entity, references to “you” include you personally, the entity on behalf of whom you are acting, and any other individual interacting with the App on behalf of the same entity.

Your Account

Creating an Account. To use the App, you will first need to create an account (“Account”). When creating your Account, you must provide accurate and complete information. You may create an account either as a participant in a “challenge” (“Participant”) or as a promotor/creator of a “challenge” (“Creator”). These Terms of Use will apply regardless of whether you are a Participant or Creator. You are solely responsible for the activity that occurs on your Account and for keeping your Account and the login credentials and means of logging into the Account secure. You may change your password at any time through the App. If you know of or believe there was unauthorized use of your Account, contact Hyype SpaceSM immediately. Unless previously notified otherwise, we have the right to assume any use of the App by or under your Account is by you and you will be responsible for such activity. You are not permitted to use another individual's Account.

Providing Accurate Information. You agree to provide true, accurate, current, and complete information. If any of the information changes, you agree to update your Account information as soon as possible. If we have reason to suspect that your information is not complete, current, or accurate, or that you have otherwise violated Terms of Use, your Account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the App.

Changes to the App and Updates. Hyype SpaceSM reserves the right, in its sole discretion, to make any changes to the App or your Account it deems necessary or useful. This may include changes, addition of or removal of features. You understand and agree that we have the right to make any modifications to the App without advanced notice and regardless of reason. You agree to promptly download and install any and all updates to the App.

Responsibility for your Account. You are responsible for all use of the App under your Account. For example, you are responsible for:

  • all aspects and content of your User Content; and
  • all comments, communication, feedback or suggestions that are submitted, uploaded, posted or transmitted in any form or format to the App (collectively, “User Communication”) in or through your Account.

Termination of your Account. If you violate any provision of these Terms of Use or the Community Standards, as determined by us in our sole discretion, we have the right to terminate your Account and use of the App.

License Grants

Our granting of a limited license to you. Subject to and conditioned on your compliance with the terms and conditions of these Terms of Use, Hyype SpaceSM grants you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to access and use the object code versions of such components solely for the purpose of using the App. Except as expressly granted in this paragraph, no right, title or interest in the App or any underlying technology or property is transferred to you as a result of any such downloading or copying. The limited license granted herein does not extend to any collection, aggregation, copying, duplication, display or derivative use of the App, or any use of data mining or similar data gathering and extraction tools for any purpose.

Reservation of Rights. Except for the limited use of the App as expressly provided for in these Terms of Use, nothing in these Terms of Use grant any right, title or interest in or to you (including any license under) of any Intellectual Property Rights (defined below) in or relating to the App or Third-Party Materials (defined below), whether expressly, by implication, estoppel or otherwise. All right, title and interest in and to the App are and will remain with Hyype SpaceSMand the respective rights holders in the Third-Party Materials. For purposes of these Terms of Use, (a) “Intellectual Property Rights” means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, rights of publicity, trademark, trade secret, database protection, domain registration or other intellectual property rights laws, and all similar or equivalent rights or forms of protection in any part of the world, including any improvements, derivative works, and modifications related thereto; and (b) “Third-Party Materials” means all materials and information in any form or medium, including software, documents, data, content, specifications, products, equipment or components of or relating to the App that are not proprietary to Hyype SpaceSM.

Your granting of a license to us. By submitting, uploading, posting or transmitting any User Communication or User Content (together, “User Material”) through the App, you will be performing and/or displaying and/or distributing and/or otherwise making available User Material on and/or through the App and further understand you are responsible for any such performance, display distribution and/or availability. To be absolutely clear, you agree that the exercise of the various functions of the App with your User Material will not infringe on your Intellectual Property Rights. Accordingly, you (and your legal guardian, if applicable) grant Hyype SpaceSM and its affiliates, assigns, licensees, legal representatives, and business partners, and other users of the App, a royalty free, fully paid-up, worldwide, irrevocable, perpetual, fully-transferable, fully-sublicensable (through various levels of sublicenses) exclusive (even as to you, but subject to this and the below paragraphs) license to access, use, process, copy, cache, store, reproduce, modify, adapt, edit, publish, analyze, transmit, distribute, perform, export and display all of your User Material within and without the App in any medium: (a) to market, promote, publicize, provide, maintain and update the App; (b) to use data regarding your use of the App; (c) to prevent or address service, security, support or technical issues; (d) to prepare derivative works of, or incorporate into other works, (e) as required by law; (f) as permitted by the Privacy Notice; (g) any other purpose necessary to operate, provide, promote, improve and develop the App, and (h) as expressly permitted by you in writing or affirmatively within the App.

When you appear in, create, upload, post, or send any User Content, you also hereby grant Hyype Space and its affiliates, assigns, licensees, legal representatives, and business partners, and other users of the App an unrestricted, sublicenseable (through multiple tiers of sublicensees), fully-assignable, worldwide, royalty-free, irrevocable, and perpetual right and license to use the name, likeness, image, persona, voice, performance, remarks, quotes, responses, opinions, declarations or any other material or written expressions communicated by you, in any audio, visual, and audiovisual recordings (such as photographs, video tape, audio tape, and digital files), taken or to be taken of you by or on behalf of Hyype Space (collectively, the “Likeness”), of anyone featured in the User Content for commercial and non-commercial purposes, including in connection with the sale, offering for sale, licensing, marketing, commercialization, display, performance, promotion and other exploitation of the User Content. This license includes the right to: (i) reproduce, modify, create derivative works of, and otherwise use the Likeness or derivative works thereof, in whole or in part, in any manner and matter or in combination with any other material, in any format or media, whether now existing or hereafter devised, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video, audio, and all formats of computer readable electronic, magnetic, digital, laser, or optical-based media, including any User Content (the “Works”); (ii) use and permit to be used your name (including nicknames(s), voice, likeness, and biographic information, any other data identifying you, whether in original or modified form, in connection with the Works as we may choose; (iii) publicly display, publicly perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the Works by any means now known or hereafter devised. You acknowledge that we are under no obligation to use, distribute, exhibit, or exploit the Likeness or any User Content. You acknowledge you have no ownership rights in the Works. You waive any right that you may have to prior inspection or approval of the Works. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with the Works, or any portion thereof, including without limitation your name and likeness, or any advertising or publicity relating thereto. WITHOUT LIMITING THE PRIZES A PARTICIPANT MAY RECEIVE DIRECTLY FROM A CREATOR, YOU WILL NOT BE ENTITLED TO ANY COMPENSATION FROM US IF YOUR CONTENT, VIDEOS, PHOTOS, SOUND RECORDINGS, MUSICAL COMPOSITIONS, NAME, LIKENESS, OR VOICE, YOUR LIKENESS OR ANY WORKS ARE USED BY US, OUR AFFILIATES, ASSIGNS, LICENSEES, LEGAL REPRESENTATIVES, AND BUSINESS PARTNERS, AND OTHER USERS OF THE APP. You expressly release Hyype Space and its affiliates, and each of their respective officers, employees, directors, legal representatives, agents, successors and assigns (collectively, the “Releasees”) from any and all claims, demands, liabilities, or causes of action whether now known or unknown, for libel, defamation, infringement of the right of publicity, invasion of privacy, portrayal in a false light, false endorsement, public disclosure of private facts, copyright infringement, trademark infringement or unfair or inconvenience of any kind, that you may now or in the future have against Releasees (all of the foregoing collectively “Claims”), arising directly or indirectly out of the use and exploitation of the content, your likeness, statements or any other rights granted hereunder, and/or your use of the App, whether such Claims result from the negligence of Releasees or from some other cause. You further agree not to sue or institute any action against Releasees in connection with any Claim for which you have granted such waiver and release. You warrant that you are fully authorized to grant the rights granted above. You understand that Hyype Space will rely on the contents of these Terms of Use, and you will not have the right to enjoin the exploitation of the Likeness or to rescind any rights granted to Hyype SpaceSM hereunder.

You hereby waive any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights” (“Moral Rights”) and consent to any action of Hyype SpaceSM or its Releasees that would violate such Moral Rights in the absence of such consent. This means that Hyype SpaceSM and its Releasees will be permitted to make any editorial decisions that it, a Creator or a Releasee think necessary in order to create a new work.

You retain ownership of your User Content and may use it for personal non-commercial use. You understand and agree, however, that we have the exclusive right to monetize your User Content, in our discretion, such as through (sub)licensing to third parties outside of the App. We may but are not obligated to share with you any proceeds realized from efforts to monetize your User Content.

You agree that we can use any User Communication without compensating you, and without any restriction or obligation to you. You agree that we will own all rights in any materials or items we develop based on such User Communication.

Representations and obligations regarding User Material.

  1. You warrant and represent that you are the sole owner of User Material (including all Intellectual Property Rights therein) that is or will be submitted or uploaded to the App through your Account and that such User Material does not infringe in any manner the rights of any other person or entity, that you are not aware of any actual or threatened litigation associated with the User Material, and that you have all the rights necessary to submit, disclose, post, upload, transmit, perform, display, create derivative works, distribute, sell and otherwise use in any manner any of the User Material in any media for any such actions.
  2. You also understand and acknowledge that you are responsible for any User Material that is or will be submitted or uploaded to the App through your Account and that you, not Hyype SpaceSM, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable (and disclaim such responsibility to the maximum extent allowed by law) to any third party, for the content or accuracy of any User Material posted by you or any other user of the App.
  3. We have the right, but not the obligation, to remove or refuse to post User Material for any or no reason in our sole discretion and without explanation. We may also take any action with respect to User Material that we deem necessary or appropriate in our sole discretion, including if we believe that the User Material may or does any one or more of the following: (a) violate these Terms of Use, including the Community Standards; (b) infringe any Intellectual Property Right or other rights of any person or entity; (c) threaten the personal safety of users of the App or the public; (d) threaten the safety, security, integrity of our data and systems, or otherwise could create liability for Hyype SpaceSMor its users. We may disclose your identity or other information about you to any third party who claims that the User Material submitted through your Account violates their rights, including their Intellectual Property Rights or their right to privacy. We may take appropriate legal action, including, without limitation, referral to law enforcement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Material on or through the App.

Data and Privacy

Your privacy is important to us. Our Privacy Notice describes how we collect, use, and protect the information we collect from you. By using the App, you understand and acknowledge how we are handling your data is in our Privacy Noticeand you agree that you have read and understand that Privacy Notice. Our use, disclosure, license and other interaction with the User Data is also governed by the Privacy Notice.

We use commercially reasonable efforts to employ security measures in accordance with the Privacy Notice. You acknowledge that any security measures may be vulnerable to unauthorized access or use notwithstanding Hyype Space'sSM efforts. In consideration of our provision of the App, you accept the full risk of any security failures. Hyype SpaceSM will use commercially reasonable methods to notify you in the event we become aware of any unauthorized access to your User Material. While we do not guarantee backups, normally Hyype SpaceSM intends back up your User Material, challenges and other information and communications through the Appat least for some period of time at Hyype Space'sSM discretion, so we may (though do not guarantee) have a back-up copy in the event you require one. Once your Account is terminated or suspended, we may, but are not obligated to maintain a backup copy of information associated with your Account.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with These Terms of Use and our Community Standards. You agree not to use the App or permit any other party to use the App:

  1. In any way that violates any applicable Law or could be reasonably expected to give rise to civil or criminal liability;
  2. For the purpose of soliciting, distributing, or exploiting personally identifiable information;
  3. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Standards;
  4. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “spam”, or any other similar solicitation;
  5. To impersonate or attempt to impersonate Hyype SpaceSM, an Hyype SpaceSM employee, or any other person or entity;
  6. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App or as determined by us, may harm Hyype SpaceSM or users of the App or expose them to liability;
  7. For any purpose that constitutes a criminal offense or illegal civil conspiracy;
  8. To disclose private medical, financial or personally identifiable information of another person, except as permitted by law;
  9. In any manner that could disable, overburden, damage, or impair the App or our systems or interfere with any other party's use of the App or our systems, including their ability to engage in real time activities;
  10. Through any robot, crawler, scraper, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  11. Through any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent;
  12. Through any device, software, or routine that interferes with the proper working of the App;
  13. To input, upload, transmit or otherwise provide to or through the App, any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware or other technology, device or means, including any virus, worm, Trojan horse, logic bomb, malware or other malicious computer code, including but not limited to any such technology, means or device the purpose or effect of which is to: (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system or network or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby, or (b) prevent anyone from accessing or using the App;
  14. To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App;
  15. To attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the App that you are not authorized to access;
  16. To probe, scan, or test the vulnerability of the App or any system or network;
  17. To reproduce, duplicate, copy, sell, resell, reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the App, in whole or in part or otherwise exploit for any commercial purposes, any portion of, use of, or access to the App;
  18. To frame or mirror any part of the App without our prior written consent;
  19. To access or use the App in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of Hyype SpaceSM or of any third party (including any unauthorized access, misappropriation, use, alteration, destruction or disclosure of the data or content of any Hyype SpaceSM user); and/or,
  20. To otherwise attempt to interfere with the proper working of the App.

If we believe, in our discretion, that you are engaging or attempting to engage in any violation of this of this Section in particular or these Terms of Use, or the Community Standards, then (without limitation) we may, but are not required to: (a) block your access to the App; (b) suspend or terminate your Account; (c) implement corrective or remedial measures; (d) pursue any remedies permitted by law; (e) pursue you for any damages caused by you or anyone using your Account; and/or (f) notify regulatory agencies and others of that activity in our discretion without liability to you.

Community Standards. We have established Community Standards for use with our App, which are incorporated by reference into these Terms of Use. They are available here. Compliance with the Community Standards is a requirement of using the App and failure to comply with theCommunity Standards may result in the remove of an entry, post, challenge or your Account.

Third-Party Sites and Resources

Links. For your convenience, the App may contain links to other application, platforms, websites and resources provided by third parties. These links are provided for your convenience only. These links could include advertisements, including banner advertisements and sponsored links. We have no control over the contents, policies, terms or accessibility of those links and accept no responsibility for them or for any loss or damage that may arise from your use of those links or their content if you decide to utilize any of the links. We have not reviewed the contents of those links, unless otherwise expressly specified on the App and our provision of links is not and should not be deemed an endorsement by us.

Third Party Content The App may contain content supplied by parties other than Hyype SpaceSM. Any opinions, advice, judgments, statements or other information or content expressed or made available by third parties (such as users of the App) are those of the respective author(s) and not of Hyype SpaceSM. Hyype SpaceSM makes no guarantees to the accuracy, completeness, terms, policies, accessibility, or usefulness of any content, or of its merchantability or fitness for a particular purpose. If you use any Third-Party Materials made available through the App (including services or features we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Neither we nor our affiliates are responsible or liable for a third party's terms or actions taken under the third party's terms. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials and links to other websites are provided solely as a convenience to you.

Intellectual Property Rights

All materials, including images, illustrations, designs, icons, photographs, text, software, graphics,audio, logos, trademarks, service marks, information, material, videos, music and sounds that are part of the App (including the “look and feel” of the App), and all related intellectual Property Rights, are, as between you and us, exclusively owned by us, and are protected by International, U.S. and state laws, including copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used by us in connection with the App are owned by us or others who have given us permission to use their protected intellectual property.

All right, title and interest in and to the App and Third-Party Materials, including all Intellectual Property Rights therein, are and will remain, respectively, owned by Hyype SpaceSM and the respective rights holders in the Third-Party Materials. You have no right or license with respect to the App or Third-Party Materials except as expressly authorized under these Terms of Use.

The Hyype SpaceSM name and logo and all related names, logos, product and service names, designs, and slogans are trademarks of Hyype SpaceSM or licensors. You must not use such marks without the prior permission written of Hyype SpaceSM. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

All other rights are expressly reserved by Hyype SpaceSM and the respective third-party licensors. You hereby unconditionally and irrevocably assign to Hyype SpaceSM your entire right, title and interest in and to any Intellectual Property Rights that you may claim, purport to acquire or acquire in or relating to any of the App (including any rights in derivative works, improvements, modifications, or other changes relating thereto), whether acquired by operation of law, contract, assignment or otherwise. In furtherance of the foregoing, you hereby unconditionally and irrevocably assign to Hyype SpaceSM any and all rights, titles, and interests in and to the Resultant Data (defined below), including all Intellectual Property Rights relating thereto. Hyype SpaceSM may access your Account and User Material to prepare Resultant Data. For purposes of these Terms of Use, “Resultant Data” means information, data and other content that is derived by or through the App and is sufficiently different from User Material so that User Material cannot be reverse engineered or otherwise identified from the inspection, analysis or further processing of that information, data or content.

If you believe any of the content on the App infringes the Intellectual Property Rights of another, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act. Please see our notice policy below for more information.

Virtual Money and Virtual Goods

As part of the App, Hyype Space may permit the purchase of virtual currency (“Virtual Money”) and use of that Virtual Money to purchase virtual items or services expressly available for use in the App, including votes or ovations that can be used for challenges (collectively, “Virtual Goods”). Virtual Money is a category of our content. You may access and purchase Virtual Goods for your personal, non-commercial use of the App. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money or Virtual Goods. Any balance of Virtual Goods or Virtual Money does not reflect any stored value and you agree that Virtual Money and Virtual Goods have no monetary value and do not constitute currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, “real” goods, or “real” services from us or anyone else. You agree that you will only obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third party unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not transfer them to another individual or account. Any such sale, transfer, or exchange (or attempt to do so) is prohibited, is a violation of these Terms of Use and may result in cancellation of such Virtual Money or Virtual Goods or the termination of your Account.

During the term of your license to your Virtual Money, you may redeem your Virtual Money for selected Virtual Goods. As set forth below, all Virtual Money, Virtual Goods, and other content is provided “as is,” without any warranty. You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not permit exchanges or refunds for any unused Virtual Money or Virtual Goods once the transaction has been made.

Generally, we have the right to offer, modify, eliminate, and/or terminate Virtual Money, Virtual Goods, the content, and/or the Services, or any portion thereof, at any time, without notice or liability to you. If we discontinue the use of Virtual Money or Virtual Goods, we will provide at least 60 days' advance notice to you by posting a notice through the App or through other communications.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using the App, including text-messaging (such as SMS, MMS, or future such protocols or technologies) and data charges. If you're unsure what those charges may be, ask your service provider before using the App.

By providing us with your mobile phone number, you agree to receive SMS messages from us related to the App, including about promotions, your account, and your relationship with us. These SMS messages may be made to your mobile phone number even if your mobile phone number is registered on any state or federal Do Not Call list, or international equivalent.

If you change or deactivate the mobile phone number that you used to create an account, you must update your account information through Settings within 72 hours to prevent us from sending messages intended for you to someone else.

Disclaimer of Warranties

You acknowledge and agree that electronic, computer and telecommunications systems are not fault-free and occasional periods of downtime occur. Hyype SpaceSM does not guarantee the App will be uninterrupted, timely, secure, or error-free or that content loss will not occur. You understand Hyype SpaceSM cannot and does not guarantee or warrant uninterrupted services or that files available for downloading from the Internet, wireless networks, the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures, safeguards, controls, 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 the App for any preservation, retention and reconstruction of any lost data. HYYPE SPACESM HEREBY DISCLAIMS LIABILITY, AND WILL NOT BE LIABLE, FOR ANY LOSS OR DAMAGE CAUSED BY ANY DENIAL-OF-SERVICE ATTACKS, VIRUSES OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR SYSTEMS, COMPUTER PROGRAMS, USER MATERIAL OR OTHER PROPRIETARY MATERIAL WHETHER DUE TO YOUR USE OF THE APP OR OTHERWISE OR ITEMS OBTAINED THROUGH THE APP, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR AVAILABLE THROUGH THE APP.

YOUR USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HYYPE SPACESM, NOR ANY PARENT, SUBSIDIARY, NOR OTHER AFFILIATE OF HYYPE SPACESM, NOR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “AFFILIATES”), MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER HYYPE SPACESM NOR ITS AFFILIATES REPRESENT OR WARRANT THAT THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HYYPE SPACESM AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

YOU SHOULD NOT ENTER ANY CHALLENGE ON THE APP WITH ANY EXPECTATION OF WINNING AND THERE IS NO WAY TO GUARANTEE OR PREDICT WHO WILL WIN A CHALLENGE. WE EXPRESSLY DISCLAIM ANY DOMINANT STANDARD FOR DETERMINATION OF WINNERS. FOR EXAMPLE, IN SOME CASES, WHERE THE RULES PERMIT, VOTES OR “OVATIONS” CAN BE PURCHASED AND SUCH BLOCKS OF OVATIONS WILL BE FACTORED IN A FINAL DETERMINATION OF A WINNER. DETERMINATION OF WINNERS ALSO CAN BE HIGHLY SUBJECTIVE, A FUNCTION OF VOTER COMPOSITION AND PREFERENCES WHICH MAY HAVE NOTHING TO DO WITH FACTORS YOU, A CREATOR OR EVEN WE THINK ARE CRITICAL TO A GOOD VIDEO. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, IN NO EVENT WILL HYYPE SPACE BE INVOLVED WITH THE DETERMINATION OF THE WINNER OF A CONTEST AND A CREATOR WILL BE SOLELY RESPONSIBLE FOR DETERMINING THE WINNER OF ANY CHALLENGE. ANY CLAIMS REGARDING A CHALLENGE WILL SOLELY BE BROUGHT BETWEEN THE CREATOR AND THE PARTICIPANT. EACH CREATOR ACKNOWLEDGES AND AGREES THAT HYYPE SPACE MAKES NO, AND HEREBY EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY EXPECTATIONS OF RESULTS WITH RESPECT TO A CHALLENGE, INCLUDING A MINIMUM NUMBER OF PARTICIPANTS OR THAT USER CONTENT WILL BE SATISFACTORY TO THE CREATOR OR MEET CREATOR'S NEEDS.

PLEASE NOTE THAT WHILE WE EXERT SOME EFFORT TO MAKE THE APP ENVIRONMENT FRIENDLY AND SUPPORTIVE, CERTAIN CONTENT MAY BE OFFENSIVE TO SOME USERS. WE MAKE NO GUARANTEE THAT CONTENT WILL NOT BE OFFENSIVE AND DISCLAIM ANY SUCH ASSURANCE OR LIABILITY FOR SAME, SO PLEASE USE THE APP WITH CAUTION.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND ALL SUCH WARRANTIES THAT CANNOT BE DISCLAIMED WILL BE LIMITED TO THE MAXIMUM EXTENT AUTHORIZED BY LAW.

Limitation on liability

IN NO EVENT WILL HYYPE SPACESM OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH OUR USE OF USER MATERIAL, THE RESULTS OF ANY CHALLENGE, OUR DETERMINATION RELATING TO ANY SPONSORSHIP, OUR DECISION TO SUSPEND ANY CHALLENGE OR YOUR ABILITY TO USE THE APP, OR YOUR USE OR INABILITY TO USE THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY A DATA BREACH, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR ACCOUNT OR USER MATERIAL, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL HYYPE SPACE'SSMOR ITS AFFILIATES' AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE APP, THESE TERMS OF USE, OR ANY CHALLENGE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED $100, TO THE EXTENT LIABILITY CANNOT BE SO LIMITED AS A MATTER OF LAW, TO THE LOWEST AMOUNT AUTHORIZED BY LAW.

HYYPE SPACESM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO USE UNDER YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR TO SECURE YOUR ACCOUNT AND LOGIN CREDENTIALS, INCLUDING, BUT NOT LIMITED TO, SELECTING A PASSWORD THAT IS EASILY COMPROMISED.

You agree to defend, indemnify, and hold harmless Hyype SpaceSM and its affiliates and its and their agents, employees, contractors, officers, shareholders and directors (collectively “Hyype SpaceSM Indemnitees”) from and against any claims, fines, penalties, liabilities, damages or other monetary relief, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms of Use or Community Standards; (ii) your access to or use of the App including, but not limited to, as relates to your User Material or Works; (iii) your use or misuse of any information obtained through the App; (iv) your negligence or willful misconduct; (v) any allegation that User Material or Works submitted through your Account violates the Intellectual Property Rights of any person or entity or violates any applicable law, rule or regulation; or (vi) any claim by a Participant or Creator, as applicable, in connection with a challenge; in each case, regardless of the theory of liability or whether the Hyype SpaceSM Indemnitee is alleged to be contributorily, vicariously, indirectly or directly liable.

Arbitration Agreement

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND HYYPE SPACE AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Applicability of Arbitration Agreement. In this Section (the “Arbitration Agreement”), if you are in the United States (including its possessions and territories), you and Hyype SpaceSM agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms of Use and/or any use of the App that cannot be resolved in small claims court will be fully and finally resolved by binding arbitration on an individual basis. The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms of Use. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) will be decided by the arbitrator, except as expressly provided below.

Arbitration Rules. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. Arbitration will be conducted by JAMS, Inc. (“JAMS”) (https://www.jamsadr.com/). If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum, and if they cannot agree, will ask the court to appoint an arbitrator pursuant to 9 U.S.C. § 5. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Use. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum's rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Further Arbitration Rules and Process. If you elect to seek arbitration, you must first send to us, by certified mail, a written Notice of your claim (“Notice”). The Notice must be addressed to: Hyype Space, LLC, 4712 Admiralty Way, Suite 815, Marina Del Rey, California, 90292 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address that is associated with your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. The arbitration will take place exclusively through JAMS and any arbitration hearings will take place in Los Angeles County, California, before and in accordance with the arbitration rules of JAMS in existence at that time; provided, however, that the foregoing will in no way limit or restrict a party's right to enforce an arbitration award in any court of competent jurisdiction.

Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Fees JAMS sets forth fees for its services, which are available at https://www.jamsadr.com/arbitration-fees. If Hyype Space is the party initiating an arbitration against you and you are an individual and not an organization, Hyype Space will pay all filing fees and administrative fees. If you are the party initiating an arbitration against Hyype Space and you are an individual and not an organization, you will be responsible for the first $100 toward the nonrefundable Filing Fee, and Hyype Space will pay the remainder of your Filing Fee.

Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Hyype Space. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum's rules, and the Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Hyype SpaceSM.

Waiver of Jury Trial. YOU AND HYYPE SPACESM WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Hyype Space are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Hyype SpaceSM over whether to vacate or enforce an arbitration award, YOU AND HYYPE SPACESM WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or JAMS' Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in this “Arbitration Agreement” section. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.

Opt-out. If you are an individual and not an organization, you may opt out of this Arbitration Agreement. If you do so, neither you nor Hyype Space can force the other to arbitrate. To opt out, you must notify Hyype Space in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Hyype Space username and the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Hyype Space, LLC, 4712 Admiralty Way, Suite 815, Marina Del Rey, California, 90292 or email your opt out notice through this link, contact us.

Small Claims Court Notwithstanding the foregoing, either you or Hyype SpaceSM may bring an individual action in small claims court.

Arbitration Agreement Survival. This Arbitration Agreement will survive the termination of your relationship with Hyype SpaceSM.

General

Choice of Law. These Terms of Use and Covered Matters will be governed and construed by the laws of the State of California, without regard to the application of its law governing conflicts of laws.

Injunctions and Equitable Relief. Notwithstanding anything to the contrary, it is agreed that your breach of these Terms of Use with respect to Intellectual Property Rights may result in immediate and irreparable harm and continuing damage to us and our remedy at law for any such breach or threatened breach, may be inadequate and, accordingly, in addition to such other remedies as may be available to us at law or in equity in such event, we will be entitled to seek (and any court of competent jurisdiction may issue) a decree of specific performance and a temporary and permanent injunction without posting bond or furnishing other security.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE (INCLUDING BUT NOT LIMITED TO ITS BREACH), OURPRIVACY NOTICE, THE APP MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, THE CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.

Waiver and Severability. No waiver by Hyype SpaceSM of any term or condition set forth in these Terms of Use will be deemed a further or continuing waiver of that term or condition or a waiver of any other term or condition, and any failure of Hyype SpaceSM to assert a right or provision under these Terms of Use will not constitute a waiver of that right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, the remainder of the Agreement will be unaffected and will continue to be fully valid, binding and enforceable.

Notice and Electronic Communications. Except as otherwise expressly specified in the Agreement, all notices, permissions and approvals must be in writing and will be deemed to have been given only upon: (a) personal delivery; (b) the fifth business day after mailing; (c) the first business day after sending by email; or (d) the second business day after being sent by internationally-recognized overnight courier. Notices must be addressed as follows: if to us, to Compliance Officer at compliance@hyype.space and, if to you, to the email address that you have provided us. It is agreed that all agreements, notices, disclosures, and other communications provided in accordance with the Agreement satisfy any legal requirement that such communications be in writing. It is agreed that a printed version of these Terms of Use and/or any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Entire Agreement. These Terms of Use, including our Privacy Notice and Community Standards, constitutes the sole and entire agreement between you and Hyype SpaceSM with respect to the App and User Material and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App and User Material.

Further assurances. You (and your legal guardian, if applicable) agree to perform, execute, acknowledge, and deliver all such further acts, instruments, and assurances as may be reasonably requested by us for the carrying out or performance of the provisions of this Agreement.

Geographic Restrictions. Hyype SpaceSM is based in the State of California in the United States. We provide the App for use by persons located in the United States. We make no claims that the App are accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, then you do so on your own initiative and at your own risk.

Users Outside of the United States. The App is not currently intended for use outside of the United States and the United States territories. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the App as well as communicating with a Hyype SpaceSM representative via email, telephone, or through other means, you understand and acknowledge that your information will be transferred to our facilities (located within the United States) and to the facilities of those third parties with whom we share it as described in our Privacy Notice.

Changes in Applicable Law. It is our policy to comply with the legal requirements applicable to the App. If applicable laws conflict with the terms of these Terms of Use in effect from time to time, these Terms of Use will automatically be amended to the extent necessary to cause it to comply with those requirements, regardless of whether we have provided you with notice of those changes.

Changes in the Agreement. These Terms of Use were last modified on the date first written above. We may change these Terms of Use from time to time in our discretion. If we change these Terms of Use, except as noted in the preceding Section, we will post those changes on the App, and we may notify you by email to the email address specified in your Account. You are responsible for ensuring that we have an up to date active email address for you and that you periodically visit these Terms of Use to check for any updates. YOU ARE HEREBY ADVISED THAT YOUR CONTINUED USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF ANY AMENDMENTS TO AND THE MOST RECENT VERSION OF THESE TERMS OF USE.

Force Majeure. Neither Party will be liable for delays or failures to perform their obligations under these Terms of Use to the extent the failure was caused by events such as an act of God, hurricanes, fire, flooding, pandemic, epidemic, strikes, labor or supply shortages, labor disruptions, war, act of terrorism, power or communication system failure, “hacking” and denial of service attacks, act of government or any other cause beyond the reasonable control of that Party. If a force majeure event occurs, the Party affected by it must provide prompt notice of it to the other Party.

Surviving Terms. Except for terms granting you rights to an Account and rights to the App, these Terms of Use will, to the maximum extent permitted by law, survive the termination of your Account.

We respect the Intellectual Property Rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the App if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, we will take whatever action we deem appropriate within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If any person or entity believes that such party's work has been posted on the App in a way that constitutes copyright infringement, please provide the following information to the designated Copyright Agent listed below: (a) a description of the copyrighted work that the party claims has been infringed; (b) identification or other specific location on the App where the material that the party claims is infringing is located; (c) the party's address, telephone number, and email address and, if different, an email address where the alleged infringing party, if not us, can contact the party; (d) a statement by the party that such party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by the party, made under penalty of perjury, that the above-listed information in the notice is accurate and that the party is authorized to act on the copyright owner's behalf; and (f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

We may request additional information before removing any allegedly infringing material. Please note, by submitting a copyright infringement notification or other communication (including communications about content stored on or transmitted through the App) you consent to have that communication forwarded to the person who stored or transmitted the content addressed by your communication, in order to facilitate a prompt resolution. However, the DMCA infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions.

Our full name and street address is Hyype Space, LLC, 4712 Admiralty Way, Suite 815, Marina Del Rey, California, 90292. Our designated Copyright Agent is:

  • Jonathan Bailey
  • CopyByte
  • 3920 General DeGualle Dr.
  • New Orleans, Louisiana 70131
  • Phone: 1 (504) 356-4555
  • Email: hyypespace-dmca@copybyte.com

Beneficiaries. These Terms of Use are between you and us. There are no third-party beneficiaries.

If you have questions or concerns regarding these Terms of Use, contact us.