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HYPERFAIR PRIVACY POLICY

Last Updated:  August 2nd, 2012

This Privacy Policy explains how information about you is collected, used and disclosed by HyperFair, Inc. (“HyperFair”). This Privacy Policy applies to information we collect when you use our website, when you participate (whether as an attendee, exhibitor or event host) in our virtual events and when you use our products and services (collectively, the “Services”) or when you otherwise interact with us.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with more prominent notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, fill out a form, communicate with us via third party social media sites, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information and other contact or identifying information you choose to provide.

Information We Collect Automatically When You Use the Services

When you access or use our Services, we automatically collect information about you, including:

·       Log Information:  We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.

·       Device Information:  We collect information about the computer you use to access our Services, including the hardware model, and operating system and version.

·       Event Behavior:  We collect information about your behavior during our virtual events. For instance, if you are an attendee, we collect information about which exhibitors you have visited and the virtual events you have attended.

·       Information Collected by Cookies and Other Tracking Technologies:  We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in your device memory that helps us to improve our Services and your experience, see which areas and features of our Services are popular and count visits. We may also collect information using web beacons (also known as “gifs,” “pixel tags” and “tracking pixels”). Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Information Choices” below.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Services.

USE OF INFORMATION

We use information about you for various purposes, including to:

·    Provide, maintain and improve our Services;

·    Provide and deliver the products and services you request, process transactions and to send you related information, including confirmations and invoices,

·    Send you technical notices, updates, security alerts and support and administrative messages;

·    Respond to your comments, questions and requests and provide customer service;

·    Communicate with you about HyperFair;

·    Connect you with exhibitors, attendees and event hosts via our business matching program;

·    Provide news and information we think will be of interest to you, including upcoming events and products and services we believe you may be interested in;

·    Monitor and analyze trends, usage and activities in connection with our Services;

·    Personalize and improve the Services and provide advertisements, content, or features that match user profiles or interests;

·    Process and deliver contest entries and rewards; and

·    Link or combine with other information we get from third parties to help understand your needs and provide you with better service.

By accessing and using the Services, you consent to the processing and transfer of your information in and to the United States and other countries.

SHARING OF INFORMATION

We may share personal information about you as follows:

·    With third party vendors, consultants and other service providers who need access to your information to carry out work on our behalf;

·    If we believe disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request;

·    To enforce applicable user agreements or policies, including our Terms of Service [insert hyperlink]; and to protect HyperFair, our users or the public from harm or illegal activities;

·    In connection with, or during negotiations of, any merger, sale of HyperFair assets, financing or acquisition of all or a portion of our business to another HyperFair; and

·    If we notify you through our Services (or in this Privacy Policy) that the information you provide will be shared in a particular manner and you provide such information.

·    To others who have signed up at our website to be an exhibitor, attendee or event host. For example, we use our business matching tool to connect attendees, exhibitors and event hosts with similar business interests.

We may also share aggregated or anonymized information that does not directly identify you.

SOCIAL SHARING FEATURES

The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

THIRD PARTY ADVERTISING AND ANALYTICS

We may allow third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by HyperFair and third parties to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about targeted advertising specifically, or to opt out of having your information used in this way, please visit www.networkadvertising.org/managing/opt_out.asp or www.aboutads.info/choices. This Privacy Policy does not apply to, and we are not responsible for, third party cookies, web beacons or other tracking technologies and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

SECURITY

HyperFair takes reasonable measures to help protect personal information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

YOUR INFORMATION CHOICES

Account Information

You may update, correct or delete information about you at any time by logging into your online account and modifying you personal profile. If you wish to delete or suspend your account, please email us at info@hyperfair.com, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of your information for a certain period of time.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Services. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services.

Promotional Communications

You may opt out of receiving promotional emails from HyperFair by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of sharing.  HyperFair qualifies for this alternative option. To opt out of having your information shared with third parties for direct marketing purposes, please send us an email at info@hyperfair.com. If you are a California resident and would like to make such a request, please contact us at the address below.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at: 

Hyperfair, Inc,
Attention: Website Coordinator
181 Fremont Street,
San Francisco, CA 94107
info@hyperfair.com
+1 (415) 315 – 9406



HYPERFAIR TERMS OF SERVICE

Last Updated:  August 2nd, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE OR ANY OF OUR SERVICES.

These terms and conditions of service (“Terms of Service”) describe the terms upon which HyperFair, Inc. (“HyperFair”) offers you access to HF Platform. “HF Platform” or the “Service” means the multi-user online service offered by HyperFair, including, but not limited to, our websites, servers, software, content, and user content.

1.       CHANGES TO THESE TERMS OF SERVICE

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline of our website, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended Terms of Service, you must stop using the Service.

2.       ELIGIBILITY TO USE HF PLATFORM

2.1   Age Requirements.

By accepting the terms and conditions set forth in these Terms of Service in connection with an Account, you represent that you are at least 13 years of age and you have the legal authority to enter into these Terms of Service. If you are at least 13 years of age but less than 18 years of age, you represent that (i) your parent or legal guardian has consented to your having an Account in HF Platform, participating in the Service, and providing your personal information in connection with the Service; and (ii) your parent or legal guardian has read and accepted these Terms of Service on your behalf. If you are under 13 years of age, then please do not use HF Platform. There are lots of other great virtual world services for you. Talk to your parents about which services are appropriate for you.

2.2    Requirements for Corporate Users and Sponsoring Organizations.

If you are using the Service on behalf of a company, organization or other legal entity (collectively, "User Organization"), you represent and warrant that you are an employee of that User Organization or other person authorized to do so.

2.3   Other Eligibility Requirements for Use of HF Platform.

You may not use or register to use HF Platform (i) for the duration of your suspension if you have been suspended from the Service by HyperFair; (ii) at any time if you have been terminated from the Service by HyperFair; or (iii) at any time if you are a person barred from receiving the Services under applicable law.

3.       ACCOUNT REGISTRATION AND BILLING

3.1    You must establish an account to use HF Platform, using true and accurate registration information.

You must establish an Account with HyperFair to use the Service, except for those portions of the Websites which HyperFair allows users to access without registration. You may establish one or more additional Accounts, provided that your existing Account is in good standing and you are otherwise in full compliance with these Terms of Service. You may not transfer or assign your Account and its contractual rights, licenses and obligations, to any third party without the prior written consent of HyperFair.

You agree to provide accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and to use the account management tools provided to keep your Registration Data accurate, current and complete.

You may establish an Account with Registration Data provided to HyperFair by a third party who provides a gateway to our Service through the use of an API, in which case you may have a separate, additional account relationship with such third party. This relationship in no way modifies, lessens or alters your obligations under these Terms of Service. Access to HF Platform through third parties may be available or discontinued at the discretion of HyperFair. You acknowledge that HyperFair is not liable for the acts or omissions of such third parties, which are not the partner or representative of HyperFair or endorsed or controlled by HyperFair.

3.2   You agree to use an Account Name in HyperFair that is not misleading, offensive or infringing. You are responsible for activities related to your Account Name, and for keeping your password for this Account secure.

You must choose an account name to identify yourself to HyperFair staff in connection with your Account (your "Account Name"), which will also serve as the name for your graphical representation within the Service under this Account (your "Avatar"). You may not select as your Account Name any name that HyperFair determines may cause deception or confusion; may violate any trademark right, copyright, or other proprietary right or mislead other users regarding your identity or affiliation; or any name that HyperFair determines in its discretion to be vulgar, offensive, or otherwise inappropriate. HyperFair reserves the right to delete or change any Account Name that violates this paragraph, and will have no liability regarding the use or deletion of any Account Name.

You are responsible for all activities conducted through your Account. In the event that fraud, illegality or other conduct that violates these Terms of Service is discovered or reported (whether by you or someone else) that is connected with your Account, we may suspend or terminate your Account (or Accounts) as described in Section 11.

At the time your Account is opened, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorization of the disclosure of your password or from any person's use of your password to gain access to your Account or Account Name. At no time should you respond to an online request for a password other than in connection with the log-on process to the Service. Your disclosure of your password to any other person is at your own risk.

3.3    If you choose to use paid aspects of the Service, you agree to the posted pricing and billing policies on the Websites.

Certain aspects of the Service, including the usage of virtual environments, or subscription to a "premium account", are provided for a fee or other charge. These fees and charges are set forth on the HF Platform Fee Schedule. Should you elect to use paid aspects of the Service, you agree to the pricing, payment and billing policies posted on the Websites applicable to such fees and charges, plus VAT or other taxes as applicable, including as set forth in the HF Platform Billing Policy. HyperFair may add new services for additional fees and charges, or prospectively amend fees and charges for existing services.

You acknowledge that it is your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by HyperFair continue to be valid and sufficient for such purposes. HyperFair may exercise its suspension or termination rights as provided in Section 11.3 in the event of any payment delinquency.

HyperFair does not accept returns or provide refunds of products or services purchased from HyperFair. For disclosure purposes, the legal name under which HyperFair does business is Hyperfair, Inc. and the address from which business is conducted is Pier 38, The Embarcadero, San Francisco, California 94107.

4.       HF PLATFORM IS A VIRTUAL EVENT SERVICE

4.1   HF Platform is a virtual event service consisting of a multi-user environment, including software, websites and virtual spaces.

"Account" means the entirety of your contractual rights and obligations under these Terms of Service associated with a particular Account Name you have selected for accessing the Service.

"Content" means any works of authorship, creative works, graphics, images, textures, photos, logos, sounds, music, video, audio, computer programs, applications, animations, gestures, text, objects, primitives, scripts, and interactive features.

"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.

"In-World" means within the three-dimensional virtual world environment of HF Platform.

"HF Platform In-World Content" is the Content provided to you In-World by HyperFair under license in connection with the Service, except all User Content (as defined below), including but not limited to Content we created or licensed from third parties.

"HyperFair Software" is the software provided to you by HyperFair and/or its suppliers under license in connection with the Service.

"HF Platform" or the "Service" is the multi-user online service offered by HyperFair and includes the Websites, Servers, HyperFair Software, HyperFair In-World Content, and User Content.

"Servers" are the online environments that support the Service, including without limitation: the server computation, electronic data storage, software access, messaging and protocols that simulate the HyperFair environment.

"User Content" means any Content that a user of the Service has uploaded, published, or submitted to or through the Servers, Websites, or other areas of the Service.

"Websites" are the websites and services available from the domain and subdomains and any related or successor domains from which HyperFair may offer services.

4.2   HF Platform exists only as long as and in the form that we may provide the Service, and all aspects of the Service are subject to change or elimination.

HyperFair has the right to change and/or eliminate any aspect(s), features or functionality of the Service as it sees fit at any time without notice, and HyperFair makes no commitment, express or implied, to maintain or continue any aspect of the Service. You acknowledge that your use of the Service is subject to this risk and that you knowingly assume it and make your decisions to participate in the Service, contribute Content and spend your money accordingly.

4.3   HyperFair is a service provider and is not responsible or liable for the Content, conduct, or services of users or third parties.

You understand that HyperFair is a service provider that enables its users to interact online and display and communicate information and Content chosen by those users, and that users likewise can alter the service environment on a real-time basis. HyperFair does not control or endorse the Content of communications between users or users' interactions with each other or the Service.

You acknowledge that you will be exposed to various aspects of the Service involving the conduct, Content, and services of users, and that HyperFair does not control and is not responsible or liable for the quality, safety, legality, truthfulness or accuracy of any such user conduct, User Content, or user services. You acknowledge that HyperFair does not guarantee the accuracy of information submitted by any user of the Service, nor any identity information about any user. Your interactions with other users and your use and purchase of User Content or user services are entirely at your own risk.

You agree that HyperFair has and may exercise the right in its sole discretion to pre-screen, refuse, or delete any Content or services from the Service or disable any user's access to the Service without notice or liability to you or any other party, including upon our belief that such user's conduct, Content, services, or use of the Service is potentially illegal, threatening, or otherwise harmful to any user or other person or in violation of our Terms of Service, Community Standards, or other policies.

The Service may contain links to or otherwise allow connections to third-party websites, servers, and online services or environments that are not owned or controlled by HyperFair. You agree that HyperFair is not responsible or liable for the Content, policies, or practices of any third-party websites, servers, or online services or environments. Please consult any applicable terms of use and privacy policies provided by the third party for such websites, servers, or online services or environments.

4.4   If properly notified, HyperFair responds to complaints that User Content infringes another's intellectual property.

Intellectual property infringement on the Service is a violation of this Terms of Service, and you agree not to engage in such infringement. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act and to terminate the accounts of repeat infringers in appropriate circumstances. We operate an intellectual property complaint process for complaints that User Content infringes another's intellectual property, the details of which are available in our Intellectual Property Policy. HyperFair reserves the right to disable, delete or terminate, without notice, any user's Content or access to the Service if that user is determined by HyperFair to infringe or repeatedly infringe.

4.5   HyperFair is subject to scheduled and unscheduled service interruptions and loss of server data, which you do not own and for which you will not hold us liable.

HyperFair may on occasion need to interrupt the Service with or without prior notice. You agree that HyperFair will not be liable for any interruption of the Service (whether intentional or not), and you understand that except as may otherwise be specifically provided in HyperFair's Billing Policy, you will not be entitled to any refunds of fees or other compensation for interruption of service.

Likewise, you agree that in the event of data loss, we will not be liable for any purported damage or harm arising therefrom. HyperFair owns the bits and bytes of electronic data stored on its Servers, and accordingly will not be liable for any deletion, corruption or data loss that occurs in connection with the Service. HyperFair will solely determine any disposition of the electronic data stored on its Servers and will have no obligation to reproduce, process, transfer, extract or recreate any data from its Servers. Our ownership of these bits and bytes of electronic data stored on our Servers does not limit or impair any Intellectual Property Rights you may have in your Content as set forth in Section 7.1 below.

5.       "VIRTUAL BOOTHS AND VIRTUAL ADVERTISING SPACE" ARE IN-WORLD SPACES THAT WE LICENSE

A Virtual Booths is the graphical representation of three-dimensional virtual booth space, while Virtual Advertising is the electronic representation of advertising material of any kind (i.e.: banners, videos, e-catalogues, e-flyers, etc.). When you acquire a Virtual Booth or a Virtual Advertising space, you obtain a limited license to access and use certain features of the Service associated with space stored on our Servers.

6.       CONTENT LICENSES AND INTELLECTUAL PROPERTY RIGHTS

6.1   You retain any and all Intellectual Property Rights in Content you submit to the Service.

You retain any and all Intellectual Property Rights you already hold under applicable law in Content you upload, publish, and submit to or through the Servers, Websites, and other areas of the Service, subject to the rights, licenses, and other terms of these Terms of Service, including any underlying rights of other users or HyperFair in Content that you may use or modify.

In connection with Content you upload, publish, or submit to any part of the Service, you affirm, represent, and warrant that you own or have all necessary Intellectual Property Rights, licenses, consents, and permissions to use and authorize HyperFair and users of HF Platform to use the Content in the manner contemplated by the Service and these Terms of Service.

Because the law may or may not recognize certain Intellectual Property Rights in any particular Content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any Intellectual Property Rights you hold, and that HyperFair cannot do so on your behalf.

6.2   You grant certain Content licenses to HyperFair by submitting your Content to the Service.

You agree that by uploading, publishing, or submitting any Content to or through the Servers, Websites, or other areas of the Service, you hereby automatically grant HyperFair a non-exclusive, worldwide, royalty-free, re-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely for the purposes of providing and promoting the Service.

You understand that this license enables HyperFair to display, distribute, promote, and improve the Service. You agree that the license includes the right to copy, analyze and use any of your Content as HyperFair may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the Service and future improvements to the Service. The license granted in this Section 7.2 is referred to as the "Service Content License."

6.3   You grant certain Content licenses to users of HF Platform by submitting your Content to publicly accessible areas of the Service.

You agree that by uploading, publishing, or submitting any Content to any publicly accessible areas of the Service, you hereby grant each user of HF Platform a non-exclusive license to access the User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform the Content In-World or otherwise on the Service solely as permitted by you through your interactions with the Service under these Terms of Service. This license is referred to as the "User Content License," and the Content being licensed is referred to as "User Content."

"Publicly accessible" areas of the Service are those areas that are accessible to other users of HF Platform. If you do not wish to grant users of HF Platform a User Content License, you agree that it is your obligation to avoid displaying or making available your Content to other users.

"Your interactions with the Service" may include use of the HF Platform permissions system and the copy, modify, and transfer settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content In-World subject to these Terms of Service. Any agreement you make with other users relating to use or access to your Content must be consistent with these Terms of Service, and no such agreement can abrogate, nullify, void or modify these Terms of Service.

7. CONDUCT BY USERS OF HF PLATFORM

7.1 You agree to abide by certain rules of conduct, including the Community Standards and other rules prohibiting illegal and other practices that HyperFair deems harmful.

You agree to read and comply with the Community Standards posted on the applicable areas of the Websites.

7.2            You will not post or transmit prohibited Content, including any Content that is illegal, harassing or violates any person's rights.

You agree that you will not:

(i) Post, display or transmit Content that violates any law, or the rights of any third party including, without limitation, Intellectual Property Rights;

(ii) Impersonate any person or entity without their consent, or otherwise misrepresent your affiliation, or if you are an adult, impersonate a minor for the purpose of interacting with a minor using the Service;

(iii) Stalk, harass, or engage in any sexual, suggestive, lewd, lascivious, or otherwise inappropriate conduct with minors on the Service;

(iv) Post, display or transmit any material, object or text that encourages, represents, or facilitates sexual "age play," i.e., using child-like avatars in a sexualized manner. 

Any conduct described in sections (iii) and (iv) above are grounds for immediate termination. You understand and agree that we may report any and all such conduct, and any and all of your corresponding personal information, to any law enforcement authorities we deem appropriate, whether or not it in and of itself violates the law of your (or any) jurisdiction.

(v) Post, display or transmit Content that is harmful, threatening or harassing, defamatory, libelous, false, inaccurate, misleading, or invades another person's privacy;

(vi) Post, display or transmit Content that is obscene, hateful, or racially, ethnically or otherwise objectionable;

(vii) Operate or profit from a "game of chance" In HF Platform. For more information please see our Gambling Policy;

(viii) Operate or profit from a virtual "bank" In HF Platform. For more information please see our Banking Policy; or

(ix) Post, display or transmit any Content or conduct or host any activity that is explicitly sexual, intensely violent or otherwise designated as Adult under our Maturity ratings, except as set forth in those ratings.

Any violation by you of the terms of this Section may result in immediate suspension or termination of your Accounts without any refund or other compensation.

7.3   You agree that you will not post or transmit Content or code that may be harmful, impede other users' functionality, invade other users' privacy, or surreptitiously or negatively impact any system or network.

You agree to respect both the integrity of the Service and the privacy of other users. You will not:

(i) Post or transmit viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines that may harm the Service or interests or rights of other users, or that may harvest or collect any data or personal information about other users without their consent;

(ii) Post or transmit unsolicited or unauthorized advertising, or promotional materials, that are in the nature of "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that HyperFair considers to be of such nature; or,

(iii) Engage in malicious or disruptive conduct that impedes or interferes with other users' normal use of the Service;

(v) Attempt to gain unauthorized access to any other user's Account, password or Content.

8. PRIVACY AND YOUR PERSONAL INFORMATION

We are committed to protecting your privacy and will use your information only as described in our Privacy Policy.  Our Privacy Policy sets forth the conditions under which you provide personal and other information to us. You understand and agree that through your use of the Service you consent to the collection and use of your information in accordance with our Privacy Policy. If you object to your information being used in this way, please do not use the Service.

9. RELEASES, DISCLAIMERS, LIABILITY LIMITS AND INDEMNIFICATION

9.1 HyperFair is NOT liable for its users' actions, and you release HyperFair from any claims relating to other users.

You agree not to hold HyperFair liable for the Content, actions, or inactions of other users. As a condition of access to the Service, you release HyperFair (and its officers, directors, shareholders, agents, subsidiaries, and employees) from claims, demands, losses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have or claim to have with one or more users, including whether or not HyperFair becomes involved in any resolution or attempted resolution of the dispute. If you are a California resident, you waive the applicability of California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

You agree and understand that HyperFair does not control and is not responsible for information you provide to parties other than HyperFair.

9.2 HyperFair provides the Service on an "as is" basis, without express or implied warranties.

HYPERFAIR PROVIDES THE SERVICE, INCLUDING WITHOUT LIMITATION THE HYPERFAIR SOFTWARE, THE WEBSITES, THE SERVERS, THE HYPERFAIR IN-WORLD CONTENT, AND YOUR ACCOUNT, STRICTLY ON AN "AS IS" BASIS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NO VALUE, EITHER EXPRESS OR IMPLIED, IS GUARANTEED OR WARRANTED WITH RESPECT TO ANY CONTENT. NOTWITHSTANDING ANY INTELLECTUAL PROPERTY RIGHTS YOU MAY HAVE IN YOUR CONTENT OR ANY EXPENDITURE ON YOUR PART, HYPERFAIR AND YOU EXPRESSLY DISCLAIM ANY COMPENSABLE VALUE RELATING TO OR ATTRIBUTABLE TO ANY DATA RELATING TO YOUR ACCOUNT RESIDING ON HYPERFAIR'S SERVERS. YOU ASSUME ALL RISK OF LOSS FROM USING THE SERVICE ON THIS BASIS.

HyperFair does not ensure continuous, error-free, secure or virus-free operation of the Service, the HyperFair Software, the Websites, the Servers, or your Account, and you understand that you shall not be entitled to refunds or other compensation based on HyperFair's failure to provide any of the foregoing other than as explicitly provided in these Terms of Service. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

9.3 HyperFair's liability to you is expressly limited, to the extent allowable under applicable law.

IN NO EVENT SHALL HYPERFAIR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES OR DISGORGEMENT OR COMPARABLE EQUITABLE REMEDY, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICE (INCLUDING ITS MODIFICATION OR TERMINATION), THE HYPEFAIR SOFTWARE, THE WEBSITES, THE SERVERS, YOUR ACCOUNT (INCLUDING ITS TERMINATION OR SUSPENSION) OR THESE TERMS OF SERVICE, WHETHER OR NOT HYPERFAIR MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL HYPERFAIR'S CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF (i) ONE HUNDRED DOLLARS (U.S. $100.00); OR (ii) THE RELEVANT AMOUNT SET FORTH IN SECTION 7 HEREIN, IF APPLICABLE.

Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is found to be impermissible, such limitation may not apply to you.

9.4 You agree to indemnify HyperFair from claims relating to your use of the Service.

At HyperFair's request, you agree to defend, indemnify and hold harmless HyperFair, its officers, directors, shareholders, employees, subsidiaries, and agents from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from: (i) any breach or alleged breach by you of these Terms of Service, including without limitation your representations and warranties relating to your Content; or (ii) your acts, omissions or use of the Service, including without limitation your negligent, willful or illegal conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

9.5 You are not our employee, and you have no rights to compensation.

You acknowledge that your participation in the Service, including your creation or uploading of Content in the Service, does not make you a HyperFair employee and that you do not expect to be, and will not be, compensated by HyperFair for such activities, and you will make no claim inconsistent with these acknowledgements. In addition, no agency, partnership, joint venture, franchise relationship is intended or created by these Terms of Service.

10. SUSPENSION AND TERMINATION OF YOUR ACCOUNT

10.1 You may terminate your Accounts at any time.

You may terminate these Terms of Service by closing your Accounts at any time for any reason. In such event, HyperFair shall have no further obligation or liability to you under these Terms of Service or otherwise, and you shall be entitled to no compensation or other payment, remedy, recourse or refund.

10.2 You may terminate your Accounts within thirty days of any Material Change to these Terms of Service.

These Terms of Service shall be effective upon the conclusion of the thirty (30) day period described in Section 1 above and Section 12.3 below. If you do not wish to agree and abide by these Terms of Service, you have thirty (30) days to terminate your Accounts as described in Section 11.1 and conclude any outstanding HF Platform or related transactions. In such event, HyperFair shall have no further obligation or liability to you under these Terms of Service or otherwise, and you shall not be entitled to any compensation or other payment, remedy, recourse or refund.

10.3 We may suspend or terminate your Account(s) to protect the best interests of HF Platform and the HF Platform community or if we believe you pose an unacceptable risk to the HF Platform community.

We may suspend or terminate your Account if we determine in our discretion that such action is necessary or advisable to comply with legal requirements or protect the rights or interests of HyperFair, the HF Platform community or any third party.  We may suspend or terminate your Account(s) if we learn, or in good faith believe, that you are a Registered Sex Offender, that accessing HF Platform may violate a condition of parole or probation, that you have engaged in or attempted to engage in conduct with minors on the Service that violates these Terms of Service, or that you for any other reason may pose what we deem to be an unacceptable risk to the HF Platform community.

10.4 We may suspend or terminate your Accounts upon a general suspension or discontinuation of the Service.

If HyperFair elects to generally suspend or discontinue the Service, in whole or in part, for any reason, HyperFair may suspend or terminate your Accounts. In such event, except as described in Section 11.3, you will not be entitled to compensation for such suspension or termination, and you acknowledge HyperFair will have no liability to you in connection with such suspension or termination. You acknowledge and agree that a general suspension or discontinuation of the Service, in whole or in part, for any reason, will not constitute a Material Change requiring advance notice.

11. DISPUTE RESOLUTION AND ARBITRATION

11.1 If a dispute arises between you and HyperFair regarding a claim for less than $10,000.00, either party may resolve it through Arbitration instead of Litigation.

Our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly.  Thus, for any claim related to these Terms of Service or our Service, excluding claims for injunctive or other equitable relief, where the total amount sought is less than Ten Thousand Dollars ($10,000.00 USD), either we or you may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

11.2 The applicable law and venue for any non-arbitrated dispute is California.

You agree that these Terms of Service and the relationship between you and HyperFair shall be governed by the laws of the State of California without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. Further, you and HyperFair agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California, except as provided in Section 11.1 regarding arbitration. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party's Intellectual Property Rights in any court of competent jurisdiction where the other party resides or has its principal place of business.

11.3 Improperly Filed Claims are Subject to Attorneys' Fees and Costs.

All claims you bring against HyperFair must be resolved in accordance with this Dispute Resolution and Arbitration Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed and a breach of these Terms of Service. Should either party file a claim contrary to this Dispute Resolution Section, the other party may recover attorneys' fees and costs up to Five Hundred  Dollars ($500.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed Claim, and the other has failed to promptly withdraw the Claim.

12. GENERAL PROVISIONS

12.1 HF Platform is a United States-based service.

HyperFair makes no representation that any aspect of the Service is appropriate or available for use outside of the United States. Those who access the Service from other locations are responsible for compliance with applicable local laws. The HyperFair Software is subject to applicable export laws and restrictions.

12.2 You may not assign your Account; we may assign these Terms of Service.

You may not assign these Terms of Service or your Account without the prior written consent of HyperFair. You may not transfer or sublicense any licenses granted by HyperFair in these Terms of Service without the prior written consent of HyperFair. HyperFair may assign these Terms of Service, in whole or in part, and all related rights, licenses, benefits and obligations, without restriction, including the right to sublicense any rights and licenses under these Terms of Service.

12.3  These Terms of Service and the policies referenced herein represent the entire understanding between us.

These Terms of Service, including the additional terms and policies referenced herein, sets forth the entire understanding and agreement between you and HyperFair with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings.  These Terms of Service is subject to occasional revision, and if we make any substantial or material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Web site. Any material changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Web site. These changes will be effective immediately for new users of our Web site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

You acknowledge that no other written, oral or electronic communications will serve to modify or supplement these Terms of Service, and you agree not to make any claims inconsistent with this understanding or in reliance on communications not part of these Terms of Service. The section headings used herein, including descriptive summary sentences at the start of each section, are included for convenience only and shall not affect the interpretation of these Terms of Service.  As used in these Terms of Service, references to a determination made in HyperFair's discretion means that the determination will be made by HyperFair in accordance with its good faith business judgment. If any provision of these Terms of Service shall be held by a court of competent jurisdiction to be unlawful, void, or unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.