Hippware Inc. Terms of Service
These Terms of Service (“Terms”) govern your access and use of the Hippware.com and tinyrobot.com websites (“Sites”), the tinyrobot mobile application (“App”) and any services made available through the Sites and the App (together, the Sites, App, and services will be referred to as the “Service”). If you access, download, or use the Service, whether directly through the Sites or through an app store, you agree to be bound by these Terms. The Service is owned or controlled by Hippware, Inc. (“Hippware,” “we,” “us,” or “our”). These Terms affect your legal rights and obligations. If you do not agree to be bound by all of these Terms, do not access or use the Service.
If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and these Terms will form a binding agreement between Hippware, Inc. and such company, organization, government, or other legal entity.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH HIPPWARE. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
- Basic Terms
The Service provides a location-based discovery application that allows users to describe/share the location of any place/object/event/memory. You will be able to provide tag(s) for any place or things, and post notes and photos regarding that place. Among other things, our Service contains the following features: “Bots” and a subfeature of Bots called “Presence Detection”. Bots allows you to tag any place (such as your favorite cafe) or thing (this waterfall!) with notes and photos that you can use to journal your adventures, or share Bots with your friends and followers. Presence Detection allows you to detect the presence of your friends when they approach your Bots if they also have signed into the App.
- You must be at least 13 years of age, and have the legal capacity to enter contracts, to download and use Service. If you are a minor in your jurisdiction of residence, you must have the consent of your parent or legal guardian to enter into these Terms and use the Service.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You are responsible for your use of the Service and for any photos, text, images, videos, comments, notes, or other material (collectively, “Content”) that you post or share via the Service. You are responsible for any activity that occurs through your account and for any consequences or liability relating to the Content.
- You should only post Content or share Bots you are comfortable sharing with others through the Service. You should only agree to Presence Detection with persons you know and trust. You assume all risk(s) from posting Content, sharing Bots, consenting to Presence Detection through the Service, or interacting with other users of the Service.
- You should not use the App or Service while driving or operating a vehicle or heavy or dangerous equipment, or while engaging in any unsafe or dangerous behavior.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other Content via the Service. You also may not post any Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk, or threaten others, or contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity, or excessive profanity.
- You may not post Content that violates another person’s or entity’s copyright, trade secret, trademark or other intellectual property right, or any right of privacy or publicity or any contract or other right. You are solely responsible for determining whether any such rights exists and for clearing any third-party rights in the Content, including, without limitation, any music, videos, graphics, or other copyrightable material.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate, or intimidate people or entities, and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers, or non-public email addresses.
- You may not post Content that contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local, and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright laws.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service except as expressly permitted by Hippware; (iii) decompile, reverse engineer, or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service, or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; or (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks.
You will need to register and create an account with us (“Account”) in order to download and use the App. Account registration requires you to submit certain personal information to Hippware, such as your name, email address, and mobile phone number. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Service.
You agree to maintain the security and secrecy of your Account username and password at all times. You should use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) in setting up your Account. Should you believe your password or security for the Service or your Account has been breached or compromised in any way, you must immediately notify us at firstname.lastname@example.org. Please note that Hippware cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree that you will not solicit, collect, or use the login credentials of other App users.
You may only possess one Account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Hippware prohibits the creation of and you agree that you will not create an account for anyone other than yourself. In addition, as part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your Account, which you may not be able to opt-out from receiving.
You are responsible for obtaining and maintaining all equipment and mobile, cellular, and data services needed for access to and use of the Service, as well as paying related charges such as data usage, message fees, and other charges from your wireless or internet provider.
All right, title, and interest in and to the App and Service (excluding Content provided by users), including all intellectual property rights, are and will remain the sole and exclusive property of Hippware. The Service and the App are protected by copyright, trademark, and other laws of both the United States and foreign countries. The name “tinyrobot” is a registered trademark of Hippware. Any unauthorized use of the Service or the Hippware trademarks is strictly prohibited. All rights not expressly granted herein are reserved.
Provided you are in compliance with these Terms, we grant to you a non-exclusive, non-transferable personal license to download the App onto a single mobile device, as well as to access and use the Service solely for purposes of transmitting Content to other users, and receiving Content from other users of the Service.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content (“Content Provider”). Hippware reserves the right at all times (but will not have an obligation) in our sole discretion to remove or refuse to distribute any Content provided through the Service, to suspend or terminate users, and to reclaim user names without liability to you. The decision by Hippware to randomly monitor and/or modify Content, and to not actively moderate in real-time, does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on the part of Hippware in connection with or arising from your use of the Service. Hippware does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service, or endorse any opinions expressed via the Service.
Please note that Hippware may, but is not obligated, to store the Content that you have uploaded or provided through the Service. However, Hippware has no liability or responsibility to you for any removal, deletion, modification, or destruction of or failure to store any Content that you provide.
You understand that by using Hippware, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. Under no circumstances will Hippware be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
Hippware also reserves the right in our sole discretion to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Hippware, its users, and the public.
Content Providers retain their rights to any Content they submit, post, or display on or through the Service. To make the Content available to users of the Service, you as a Content Provider grant Hippware a worldwide, non-exclusive, irrevocable, perpetual, royalty-free license (with the right to sublicense), but not the obligation, to use, copy, reproduce, process, adapt, modify, publish, translate, creative derivative works from, incorporate into other works, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed), including, without limitation, distributing your Content to other users and displaying your Content on public websites. You agree that this license includes the right for Hippware to provide, promote, and improve the Service, and to make Content submitted to or through the Service available to other companies, organizations, or individuals who partner with Hippware for the syndication, broadcast, distribution, or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Hippware or other companies, organizations, or individuals who partner with Hippware, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit, or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display, or distribute it over computer networks and in various media, and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights and licenses granted herein to any Content that you submit, that such grant of rights is not inconsistent with or violate any other agreement to which you are bound, that the Content complies with these Terms and any applicable laws, rules, regulations, and orders, and that the Content does not violate any copyright, patent, trademark, trade secret, or other intellectual property right, and that the Content does not violate any person’s right of privacy or publicity.
You agree to hire and pay for attorneys (reasonably approved by us) to defend Hippware, its subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Hippware Entities”), and pay all costs associated with such defense if you violate these Terms (including, without limitation a breach of your representations and warranties regarding your Content), and that violation results in a claim, lawsuit, loss, liability, injury, cost, or other problem (collectively, a “Claim”) for the Hippware Entities. You also agree to pay any losses, damages, judgments, or settlements that the Hippware Entities incur or end up having to pay as a result of your violation, provided that any settlement of a Claim must be approved by us. You also agree to defend, indemnify, and hold harmless the Hippware Entities against any Claim relating to any personal injury, death, or property damage that arises from your use of the Hippware App or any Content, including, without limitation, from any creation, filming, or use of any Content, or any directions given or provided to a Content Provider, or any activity or instructions provided in any viewed Content, provided that any settlement of any such Claim must be approved by us. The Hippware Entities reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your sole cost, and, in such case, you agree to cooperate with their defense of such Claim.
Nothing in these Terms creates, is intended to create, or should be construed to create a partnership, joint venture, franchisee, agent, or employer-employee relationship between Hippware and you, or between any users of the Service. You are not the agent of Hippware or any user of the Service, and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of Hippware or any users of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN CASES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY THE HIPPWARE ENTITIES, YOU ASSUME ALL RISKS OF AND HEREBY WAIVE AND RELEASE THE HIPPWARE ENTITIES FROM ANY AND ALL BODILY INJURIES, DEATH, PROPERTY DAMAGE, AND OTHER LOSSES OF ANY KIND OR NATURE THAT RESULT FROM YOUR USE OF THE HIPPWARE APP OR THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DEATH YOU MAY SUFFER IN CONNECTION WITH RECORDING CONTENT OR FOLLOWING ANY DIRECTIONS, INSTRUCTIONS, OR ADVICE PROVIDED BY A CONTENT PROVIDER OR IN VIEWED CONTENT.
By using the Service, you consent to receiving electronic communications from us. These electronic communications may include information concerning or related to the Terms or the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, pursuant to Title 17 of the United States Code, Section 512 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement, and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Service, please provide written notice to our Agent for notice of claims of infringement:
Attn: DMCA Agent
To be sure the matter is handled immediately, your written notice must:
- Contain your physical or electronic signature;
- Identify the copyrighted work or other intellectual property alleged to have been infringed;
- Identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
- Contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law;
- Contain a statement that the information in the written notice is accurate; and
- Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.
Submitting a DMCA Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material, or an agent of such person.
Termination of Repeat Infringers
We reserve the right, in our sole discretion, to terminate the account or access of any user of the Service who is the subject of repeated DMCA or other infringement notifications.
Either you or Hippware may terminate your Account or use of the Service at any time, with or without cause. In such cases, your license to use the Service shall terminate, but the following sections of the Terms shall continue to apply: Sections A, B, C, E, G through X. Nothing in this section shall affect the rights of Hippware to change, limit, or stop the provision of the Service without prior notice, as provided below in Section W. In addition, nothing in this section shall affect the rights of Hippware to collect any charges, fees or other amounts relating to your use of the Service.
Please read this section carefully. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
DISCLAIMER: THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE IS WITH YOU. HIPPWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS WEBSITE, THE PRODUCT, OR SERVICE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Service will meet your requirements or that the Service will be uninterrupted, timely, secure, or error-free or that defects in the Service will be corrected. We make no warranty as to the results that may be obtained from the use of the Service, or as to the accuracy or reliability of any Content or information obtained through the Service. We are not responsible for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content or the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.
LIMITATION OF LIABILITY: WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR VIEWING, DISPLAYING, COPYING, OR DOWNLOADING OF ANY CONTENT OR MATERIALS TO OR FROM THE SERVICE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
We control and operate the Sites and the Service from our headquarters in the United States of America, and the entirety of this website and the Service may not be appropriate or available for use in other locations. You are not authorized to download the App or access the Service if you are located in a jurisdiction under economic or other sanctions by the United States government, or are prohibited from accessing the App or Service by United States law. If you use the Sites or the Service outside the United States, you are solely responsible for complying with all applicable export laws of the United States necessary to download the App and access the Sites nd Service, and in following applicable local laws.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all rights, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and service using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Please Read This Provision Carefully. It Affects Your Legal Rights.
Except if you opt-out or for disputes relating to your or Hippware’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) (“Excluded Disputes”), you agree that all disputes between you and Hippware (whether or not such dispute involves a third party) with regard to your relationship with Hippware, including, without limitation disputes related to these Terms or your use of the Service, and/or rights of privacy and/or publicity (collectively, “Disputes”), will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes.
You and Hippware hereby expressly waive trial by jury. As an alternative, you may bring your Disputes in your local “small claims” court, if permitted by that small claims court’s rules. You may bring Disputes only on your own behalf. Neither you nor Hippware will participate in a class action or class-wide arbitration for any Disputes covered by these Terms. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Hippware is a party to the proceeding.
In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and eighty(180) days of filing the case, then either Hippware or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.
This arbitration provision will be governed by the Federal Arbitration Act. Any judgment and award rendered by the arbitrator may be entered into any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms.
You may opt-out of this agreement to arbitrate by emailing Hippware at email@example.com within thirty (30) days of the date that you first accessed the Service. You must include your name and residence address, the email address you use for your Account, and a clear statement that you want to opt-out of this arbitration agreement. If you do so, neither you nor Hippware can require the other to participate in an arbitration proceeding. You must use this address to opt-out: firstname.lastname@example.org.
If the prohibition against class actions and other claims brought on behalf of third-parties contained above is found to be unenforceable, then all of the preceding language in this arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Hippware.
You agree that any claim or Disputes you may have arising out of or related to your relationship with Hippware must be filed within one (1) year after such claim arose; otherwise, your claim or Dispute is permanently barred.
We may provide links to third-party websites as a convenience for you. If you use these links, you will leave our Service and do so entirely at your own risk. We are not obligated to review any third-party websites that you link to from the Service. We do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there, or any results that may be obtained from using them.
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes, or if you opt-out of the agreement to arbitrate, you agree to resolve any dispute you have with Hippware exclusively in a state or federal court located in the City of Los Angeles, California.
If you download our Apps through a third party’s App Store, such as the Android Market or Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application: (i) on a product that runs the operating system for which it was intended and (ii) in compliance with any terms of service or usage rules set forth in the corresponding App Store relating to the App Store Sourced Application. You acknowledge that these Terms are between you and us and not with the owner or operator of the App Store ("App Store Owner") and that the App Store Owner is not responsible for the Service, including the App, the Content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
You and we acknowledge and agree that the App Store Owner, and the App Store Owner’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Our Service is constantly evolving, and we may alter the Service we offer you and/or choose to modify, suspend, or discontinue the Service at any time and without notifying you. We may also place limits on use, transmission, and storage of Content at our sole discretion at any time without prior notice to you.
We may also change, update, add, or remove provisions (collectively, “modifications”) of these Terms from time to time. We will notify users of such modifications by posting them on our Sites, or for registered users by describing the modifications to these Terms in an email to the email address provided in your Account. To make certain you receive such email notifications, you are responsible for ensuring the email address in your account is updated, current, and accurate.
If you object to any such modifications, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications.
If any provision of these Terms is deemed inconsistent with applicable law, then such provision shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions, or agreements between you and us.
You may contact us at any time about these Terms or the Service by emailing us at email@example.com.