HYYPE TERMS OF USE

Last Updated: October 26, 2021

Please read these Terms of Use (“Agreement” or “Terms”) carefully. Your use or access of the Platform (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and HYYPE (“HYYPE”, “we”, “our” or “us”) concerning your use of (including any access to) HYYPE’s platform, including but not limited to https://HYY.PE and any websites, forums, and web applications and the services we provide via the platform (collectively, “Platform”).
By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with this Agreement, or by accessing or using the Platform, you agree to be bound by this Agreement and affirm that you are of legal age to enter into this Agreement where you live and have the legal capacity to enter into this Agreement.

General Terms and Conditions

If you are an individual accessing or using the Platform on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.
HYYPE is a platform and forum (collectively, “Platform”) for users to post, comment, and discuss digital art and non-fungible Ethereum-based tokens (“Digital Art”). Registered users submit content to the Platform such as links, text posts, images, and videos.
In order to use the Platform, you must connect your MetaMask or WalletConnect account to your HYYPE account. You must provide a username and a Digital Art wallet ID.

Accuracy of Information

It is your sole responsibility to provide accurate information for creation and maintenance of your account and connections with your MetaMask and WalletConnect accounts (collectively, “Wallets”).
You represent and warrant that (i) all such information and materials are true, accurate, and complete in all respects, comply with applicable law and do not violate or infringe any third-party rights; and (ii) you will immediately notify us about, and correct, and inaccuracy in any such materials or information.

User Accounts

While you may be able to browse public-facing portions of the Platform without registering an account with us, in order to access certain portions of the Platform, HYYPE may require you to register an account with us (“Account”).
You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately at [email protected] if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You may be required to create and provide separate log-in credentials to access Third-Party Services.
We reserve the right to disallow, cancel, remove, or reassign certain usernames and other information associated with an Account in appropriate circumstances, as determined by us in our sole and absolute discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which would or might constitute a violation of this Agreement, cause damage to or impair the Platform, infringe or violate any third-party rights, damage or bring into disrepute the reputation of HYYPE, or violate applicable law. These determinations will be made in HYYPE’s sole and absolute discretion. If messages sent to the email address you provide are returned as undeliverable, then we may terminate your Account immediately without notice to you and without any liability to you or any third-party.

Eligibility

You may not use this Platform if you under the age of 16.

Intellectual Property Rights

The Platform and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by HYYPE, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The sole exception to this is User Content, as defined below. HYYPE grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free and worldwide right and license to access and use the Platform solely in strict compliance with the provisions of this Agreement and as permitted by the functionalities of the Platform available to you.
HYYPE’s name and all related names, logos, product and service names, designs, and slogans are trademarks of HYYPE or its licensors. You must not use such marks without the prior written permission of HYYPE. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
HYYPE reserves all rights not expressly granted to you in this section. Accordingly, nothing in this Agreement or on the Platform will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Platform or any HYYPE intellectual property located or displayed on or within the Platform.

Content on the Platform

HYYPE makes no representation that content and materials on the Platform are appropriate, lawful or available for use in any jurisdiction. Individuals who choose to access or use the Platform do so on their own initiative and are responsible for compliance with applicable law.
Certain features on the Platform may allow you to submit, post, or upload (collectively, “Post”) content to the Platform or you may otherwise directly or indirectly provide content to HYYPE, such as user profile content or other materials subject to intellectual property or similar applicable law (“User Content”). For all User Content that you Post, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all trademarks, copyrights and rights of publicity contained therein. For all User Content that you Post, you grant us (and those third parties we work with) a worldwide license to use, exploit, host, store, transmit, reproduce, modify, create derivative works of (such as those resulting from changes we make so that your User Content works better with our Platform), publish, display, and distribute such content; provided that we will not share with other users any User Content that you Post that is not viewable by other users based on any privacy settings available on the Platform. The rights you grant in this section are for the purpose of operating, promoting, and improving our Platform and this license continues even if you stop using our Platform.
We are under no obligation to edit or control User Content that you Post, and will not be in any way responsible or liable for User Content. HYYPE may, however, at any time and without prior notice, filter, screen, remove, edit, or block any User Content that, in our sole and absolute discretion, violates this Agreement or is otherwise objectionable. User Content that HYYPE determines is or could be interpreted to be abusive, bigoted, defamatory, harassing, harmful, infringing, obscene, offensive, pornographic, racist, threatening, unlawful, vulgar or otherwise inappropriate (collectively, “Offensive Content”) may be screened, removed, edited, or blocked. Further, we may take any action we deem necessary and/or appropriate against any user who Posts Offensive Content, including, but not limited to, suspending or terminating the user’s Account.
You must not:
  • Modify copies of any content or material, including User Contributions, from the Platform.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Platform.
  • You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.
  • If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of this Agreement, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by HYYPE or the user that originally submitted that content. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Acceptable Use

In connection with the use of the Platform, you cannot:
  • Send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • Post, transmit or otherwise make available through or in connection with the Platform any materials that are or may be: (i) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available through or in connection with the Platform any virus, worm, Trojan horse, Easter egg, time bomb, spyware, ransomware, malware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
  • Use the Platform for any commercial purpose except as explicitly provided by this Agreement or any other terms agreed to in writing by us, or for any purpose that is fraudulent or otherwise tortious or unlawful collection of information about users of the Platform except as explicitly provided by this Agreement and our Privacy Policy.
  • Delete or alter any content or material that HYYPE makes available on the Platform.
  • Use the Platform to transmit through or in connection with the Platform, any spam, chain letters or other unsolicited communications. Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available, including by hacking or defacing any portion of the Platform (including any content available thereby); or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from legal use of the Platform.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Platform except as expressly authorized herein, without HYYPE’s express prior written consent.
  • Reverse engineer, decipher, decompile or disassemble any portion of the Platform, except to the extent such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark or other proprietary rights notice from the Platform.
  • Frame or mirror any portion of the Platform, or otherwise incorporate any portion of the Platform into any product or service, without HYYPE’s express prior written consent.
  • Restrict, discourage or inhibit any person from using the Platform.
  • Systematically download and store content from the Platform.
  • Use any robot, spider, Platform search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine”, or otherwise gather content on the Platform (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Platform, without HYYPE’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with applicable law and any instructions posted in the robots.txt file located in the Platform’s root directory, HYYPE grants to the operators of public search engines permission to use spiders to copy materials from the Platform for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HYYPE reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
  • Create a false identity or impersonate another person or entity in any way.

User Contributions

The Platform may contain posts, comments, status updates, blogs, feeds, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Platform.
All User Contributions must comply with the Content Standards set out in these Terms. Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a world-wide, royalty-free, and non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
In connection with your User Contributions, you represent and warrant that:
  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms.
  • You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HYYPE, have fully responsibility for such content, including its legality, reliability, accuracy, appropriateness and any harm that may result from such content or your conduct on the Platform or its Interactive Features.
  • We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
  • You will indemnify HYYPE, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns for any loss or damage incurred by HYYPE arising for any User Contribution submitted by you.

Monitoring and Enforcement; Termination

We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for HYYPE.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
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 materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS HYYPE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HYYPE OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HYYPE OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive or mislead any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of HYYPE to terminate the user accounts of repeat infringers.

Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any User Contributions. Any reliance you place on any User Contributions is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform includes content provided by third-parties, including materials provided by other users, content creators, writers, artists, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all content, posts, articles and responses to questions and other content, other than the content provided by HYYPE, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HYYPE. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.

Privacy

All information we collect on this Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Our Privacy Policy is a part of this Agreement. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.
Please note that it is our policy to comply with all facially valid subpoenas, court orders or binding orders issued to us by law enforcement agencies and other government authorities. This may affect your access to your account, your funds and our services to you. We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government authority, or any writ of attachment, lien, levy, subpoena, warrant, or other legal order.

Third-Party Services

HYYPE may contract with third-parties, including those providing research analysis or other information related to the Platform to provide certain data, information, insights, analysis, and articles that are made available through the Platform, and may also provide links to third-party websites (or other online properties that are not owned or controlled by HYYPE) or services that are not under the control of HYYPE (collectively, “Third-Party Services”). In addition to this Agreement, you may be bound by any additional terms required by providers of Third-Party Services. HYYPE makes no representations about, and accept no liability for, any Third-Party Services. HYYPE is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained in Third-Party Services, the services offered thereby or for their privacy and security policies and procedures.

Comments and Questions

If you choose to provide us with input or suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, and global right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HYYPE OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OR USER CONTRIBUTION ON THE PLATFORM, 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 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. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND INTERACTION WITH ANY CONTENT AND USER CONTRIBUTIONS IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, HYYPE DOES NOT MAKE ANY WARRANTY, EITHER EXPRESS OR IMPLIED, ABOUT THE PLATFORM CONTENT. THE PLATFORM AND CONTENT ON THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HYYPE DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, HYYPE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS IN INFORMATION OR MATERIALS ON THE PLATFORM, AND HYYPE MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION OR MATERIALS. HYYPE PROVIDES NO GUARANTEES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. HYYPE EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OR MATERIALS CONTAINED ON THE PLATFORM.
HYYPE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE LIKELIHOOD OR PROBABILITY THAT YOUR PARTICIPATION ON THE PLATFORM WILL ACHIEVE A PARTICULAR OUTCOME OR GOAL. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE SUCCESS, AND VOLATILITY MEANS THAT PERFORMANCE IN ANY PERIOD MAY BE FAR DIFFERENT FROM THAT OF PREVIOUS PERIODS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HYYPE MAKES NO GUARANTEES OR OTHER COMMITMENTS ABOUT YOUR ABILITY TO ACCESS OR USE THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYYPE ALSO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

Representations and Warranties

You represent and warrant to HYYPE each time you use the Platform as follows:
  • That, if you are an individual user, you are 16 years of age or older and that you have the capacity to contract under applicable law.
  • That, if you are using the Platform on behalf of a legal entity (i) such legal entity is duly organized and validly existing under applicable law of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
  • That you understand the risks associated with using the Platform.
  • That you are not prohibited by applicable law from using the Platform.
  • That you will not falsify any Platform registration, or administration details provided to HYYPE.
  • That you will not falsify or materially omit any information or provide misleading or inaccurate information requested by HYYPE in the course of, directly or indirectly relating to, or arising from your activities on the Platform, including, but not limited to, at registration or during administration, and that if any information provided to HYYPE becomes incorrect or outdated, you will promptly provide corrected information to HYYPE.
  • That you acknowledge and agree that any Wallet you use in connection with the Platform is wholly controlled and owned by you and that HYYPE does not have any right, title or interest to the Wallet, except as otherwise set forth herein.
  • That you acknowledge and agree that any transactions undertaken through your login credentials, from your authorized email address on file with HYYPE, or from a Wallet in connection with the Platform are deemed to be valid, binding, and conclusive.
  • That (i) you own the User Content Posted by you or otherwise have the right to grant the license set forth in this Agreement; (ii) the posting of your User Content and the use of the same as contemplated in this Agreement does not and will not violate any right of any third-party; (iii) the Submission of your User Content will not require us to pay any amounts or provide any attribution to any third parties; and (iv) the Submission of your User Content does not result in a breach of contract between you and a third-party or infringe the rights of any other person or violate applicable law.
  • That you will accurately and promptly inform HYYPE if you know or have reason to know whether any of the foregoing representations or warranties no longer is correct or becomes incorrect.
You acknowledge and agree that you have had the opportunity to consult legal counsel in connection with this Agreement even if you chose not to do so. You further acknowledge and agree that this Agreement will not be construed against you or HYYPE as drafter.

Indemnification

You agree to defend, indemnify and hold harmless HYYPE, its licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to any Posting of User Contributions or the use of the Platform's content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.

Term

The term of this Agreement commences on your first use of the Platform and continues until the termination of this Agreement by either you or HYYPE.

Termination and Suspension

These Terms are effective until terminated by us. HYYPE, in its sole discretion, has the right to terminate your access to the Platform or Services, or any part thereof, immediately at any time. We reserve the right, in our sole and absolute discretion, to restrict, suspend, or terminate your access to all or any part of the Platform or Service, or to terminate this Agreement at any time without prior notice or liability if you breach any provision of this Agreement or violate the rights of any third-party on or through the Platform. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
HYYPE is not liable to you or any third-party for termination of your access to the Platform, or any part thereof. If you object to any of the requirements, statements, or obligations of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Platform in any way, your only recourse is to immediately discontinue use of the Platform. Upon termination of these Terms, you will cease all use of the Platform.
You may terminate this Agreement by sending written notification to us at [email protected] and terminating your use of the Platform.

Relationship of the Parties

You agree that no joint venture, partnership, employment or agency relationship exists between you and HYYPE as a result of this Agreement or use of the Platform.

Governing Law and Venue

This Agreement and your access to and use of the Platform will be governed by the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in San Francisco, California.

Dispute Resolution

Except as otherwise set forth in this Agreement, any controversy or claim arising out of or relating to this Agreement or the interpretation, breach, termination or validity hereof will be resolved through arbitration in accordance with the American Arbitration Association. The language to be used in the arbitral proceedings will be English and arbitration will take place in San Francisco, California.

Third-Party Disputes

ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY, INCLUDING, BUT NOT LIMITED TO, OTHER USERS, IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY SMART CONTRACT OR ANY DISPUTE WITH AN ISSUER OF TOKENS OR DISPUTE RELATED TO THE PURCHASE OF TOKENS IS DIRECTLY BETWEEN YOU AND SUCH THIRD-PARTY. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE HYYPE FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Changes to this Agreement

We reserve the right to change this Agreement at any time upon notice. We may give notice by posting the updated Agreement on the Platform or by any other reasonable means. You can review the most current version of this Agreement at any time. This Agreement in effect at the time of your use of the Platform apply. Updated versions of the Agreement are binding on you with respect to your use of the Platform on or after the date indicated in the updated Agreement. If you do not agree to the updated Agreement, you must stop using the Platform. Your continued use of the Platform after the date of the updated Agreement will constitute your acceptance of the updated Agreement.

Entire Agreement

This Agreement and the Privacy Policy constitute the sole and entire agreement between you and HYYPE with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and HYYPE.

Waiver and Severability

No waiver of by HYYPE of any term or condition set out in these Terms will 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 HYYPE to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

This Agreement will inure to the benefit of our successors and assigns. You may not assign this Agreement or any of the rights or licenses granted hereunder without the prior express written consent of HYYPE. HYYPE may assign this Agreement, including all its rights hereunder, without restriction.

Survival

The respective indemnities, representations, warranties and agreements of the parties hereto or made by or on behalf of the parties hereto pursuant to this Agreement will survive the termination of this Agreement indefinitely and will remain in full force and effect and all defined terms used therein will survive the termination of this Agreement indefinitely.

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