These Terms of Service (“Terms”) govern your access and/or use of the Evolv mobile application (“Evolv” or “App”), the Evolv website (“Site”), and other products and services (known collectively as the “Service”) owned or controlled by Hyperflow Studios, Inc. or any of its subsidiaries, parents, affiliates, employees, officers, directors, or any of its agents (collectively “Hyperflow”, “we”, “our”, “us”). Please note that Hyperflow is a corporation located in Ottawa, Ontario, Canada.
These Terms also govern what content can and cannot be transmitted, uploaded, shared or otherwise made available (collectively “submitted” or “submit”) to the Service. Content includes, but is not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content that may be accessed through the Service ("Content"). All Content submitted by users through the Service that is not owned or licensed by Hyperflow or third parties will be known collectively as User Content.
PLEASE READ THE TERMS CAREFULLY AND ENTIRELY BEFORE USING THE SERVICE AS THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND HYPERFLOW STUDIOS, INC., A CANADIAN CORPORATION. THESE TERMS WILL AFFECT YOUR LEGAL RIGHTS.
HYPERFLOW STUDIOS, INC., LOCATED IN CANADA, IS NOT RESPONSIBLE OR LIABLE FOR DAMAGES ARISING FROM OR RELATED TO YOUR FAILURE TO READ THESE TERMS OR ANY OTHER NEGLIGENCE ON YOUR PART. THESE TERMS INCLUDE A LIMITATION OF LIABILITY CLAUSE THAT YOU MUST AGREE TO IN ORDER TO USE THE SERVICE WHEREBY YOU AGREE TO ASSUME ALL INHERENT RISKS INVOLVED WITH USING THE SERVICE.
NOTICE: THESE TERMS INCLUDE AN ARBITRATION AGREEMENT WHEREBY YOU AGREE TO HAVE ALL DISPUTES ARISING FROM OR RELATED TO THE SERVICE TO BE HANDLED VIA FINAL, BINDING, AND INDIVIDUAL (I.E. NON-CLASS) ARBITRATION IN OTTAWA, ONTARIO, CANADA.
By accessing, registering for, or using (collectively “use” or “using”) the Service on any computer, mobile phone, tablet, console or other device (collectively “device”), you acknowledge that you have read, understood, and agreed to be bound by these Terms and any other applicable law. If there are any modifications to these Terms, your continued use of the Service shall be considered informed consent to the revised Terms of Service.
By continuing to use the Service after reading these Terms, you recognize that Hyperflow Studios, Inc., a Canadian corporation, has provided valuable consideration by offering the Service free of charge and, in exchange for that valuable consideration, you agree to these Terms.
By accessing, registering for, or using the Service, you represent that you are 18 years of age or older and of the age of contractual consent in your jurisdiction.
NOTICE TO PARENTS & LEGAL GUARDIANS: If your child is using the Service and is under the age of 18, you are responsible for disabling their access. You may also contact us to disable access and we will endeavor to cut off access. However, disabling access remains your responsibility. You may be held liable to us for any damages caused by the actions of your child that come from their unauthorized use of the Service. You will be responsible for any purchases or subscriptions made within the Service, even if the child’s use of the Service is unauthorized. You will indemnify us from any third party claims, disputes, or actions brought against us that are caused by your negligent supervision.
If you do not understand or agree to these Terms after reading them, you may not use or access the Service. If you are under 18 years of age or older or are otherwise unable to contract, you may not access or use the Service.
PHYSICAL ACTIVITY DISCLAIMER
ATTENTION: AS STATED IN THE LIMITATION OF LIABILITY AND THROUGHOUT THESE TERMS, YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE HYPERFLOW SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, EVEN IF WE HAVE MADE A MISTAKE OR ACTED WITHOUT REASONABLE CARE (I.E. NEGLIGENTLY).
This Service includes features that promote physical activity. Consult a physician or other medical professional and consider the inherent risks before beginning any fitness program or regiment arising from or related to this Service. By using this Service, you warrant that, to the best of your knowledge and belief, that you are in good health and are able to perform physical activity and that you have received the clearance of your physician or other medical professional before using our Service
You acknowledge that you have consulted with a physician and gained approval prior to performing the physical activities offered through the Service, especially if you have any of the following symptoms or conditions:
1. Any form of diagnosed or suspected cardiovascular, heart, or coronary disease including, but not limited to:
a. high blood pressure
b. high cholesterol
c. angina (i.e. chest pain)
2. Any form of diagnosed or suspected illness that may negatively impact your coordination when performing physical activity.
3. Any physical discomfort, pain, weakness, nausea, or dizziness while performing physical activity.
4. Any form of diagnosed or suspected illness that negatively impacts your joints or bones.
5. If you are pregnant or nursing.
6. If you are currently taking any medication that may negatively impact your coordination when performing physical activity.
Stop using the Service immediately if you have, develop, or experience any of these conditions.
Even with the clearance of a physician or other medical professional, it is important to use common sense while engaging in strenuous exercise or other physical activity. Do not perform any physical activity or use the Service while distracted or engaged in other distracting activities. If you are not physically active, just beginning, or not otherwise used to strenuous exercise, start with easier physical activities, perform warm ups and stretches, and do not try to perform physical activity that you suspect may be beyond your current ability or state of fitness.
IF YOU ARE IN THE U.S. AND BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
MEDICAL INFORMATION DISCLAIMER
ATTENTION: AS STATED IN THE LIMITATION OF LIABILITY AND THROUGHOUT THESE TERMS, YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE HYPERFLOW SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICE, EVEN IF WE HAVE MADE A MISTAKE OR ACTED WITHOUT REASONABLE CARE (I.E. NEGLIGENTLY).
The Service is for informational purposes only. No information or content submitted on the Service is intended to be, and must not be taken to be, the practice of medical, professional, or counseling care. For purposes of these terms, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. You should not rely on any information on the Service as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult a physician or other healthcare professional. Do not ever disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on our Service. The use of any information provided on the Service is solely at your own risk. Hyperflow provides no warranty of any kind, implied or express, including any warranty as to the accuracy of any of the information on the Service.
IF YOU ARE IN THE U.S. AND BELIEVE YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911 IMMEDIATELY.
GENERAL WARRANTY DISCLAIMER
ATTENTION: AS STATED IN THE LIMITATION OF LIABILITY CLAUSE AND THROUGHOUT THESE TERMS, YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. YOU AGREE HYPERFLOW SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE SERVICE, EVEN IF WE HAVE MADE A MISTAKE OR ACTED WITHOUT REASONABLE CARE (I.E. NEGLIGENTLY).
HYPERFLOW PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE." HYPERFLOW DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HYPERFLOW MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICE OR ANY CONTENT, SERVICES, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. HYPERFLOW DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY CONTENT, SERVICE, OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
III. LIMITATION OF LIABILITY
ATTENTION: YOU AGREE HYPERFLOW SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EVEN IF WE HAVE MADE A MISTAKE OR ACTED WITHOUT REASONABLE CARE (I.E. BEHAVED NEGLIGENTLY). YOU ACKNOWLEDGE THE INHERENT RISKS IN USING THE SERVICE, ALL CONTENT ON THE SERVICE, AND ALL THIRD PARTY SERVICES LINKED TO THE SERVICE AND DO SO AT YOUR OWN RISK.
HYPERFLOW SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, FORESEEABLE, UNFORESEEABLE, OR CONSEQUENTIAL DAMAGES. SUCH DAMAGES SHALL INCLUDE, BUT ARE NOT LIMITED TO, LOST PROFITS, LOST DATA, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, LOSS OF LIVELIHOOD, LOSS OF ENJOYMENT, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF FUTURE EARNINGS, GOODWILL, USE, AND/OR ANY OTHER FORM OF DAMAGES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM THE USE OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT), OR ANY OTHER LEGAL THEORY, EVEN IF HYPERFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HYPERFLOW SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES, AS LISTED ABOVE, ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF HYPERFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THERE ARE INHERENT RISKS IN PERFORMING THE PHYSICAL ACTIVITIES SUBMITTED THROUGH THE SERVICE, WHETHER SUBMITTED BY HYPERFLOW OR THIRD PARTIES. YOU ASSUME ALL THOSE INHERENT RISKS. YOU ACKNOWLEDGE THAT THIRD PARTIES PROVIDING EXERCISES, CUSTOM CHALLENGES, OR OTHER USER CONTENT THROUGH THE SERVICE MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED TO DO SO AND THAT YOU USE THESE CUSTOM CHALLENGES, EXERCISES AND OTHER USER CONTENT AT YOUR OWN RISK. HYPERFLOW DOES NOT ENDORSE, MONITOR OR HAVE ANY CONTROL OVER THIRD PARTY SERVICES, WHICH HAVE SEPARATE TERMS OF SERVICE AND PRIVACY POLICIES. HYPERFLOW IS NOT RESPONSIBLE FOR THE CONTENT OR POLICIES OF THIRD PARTY SERVICES AND YOU ACCESS SUCH THIRD PARTY SERVICES AT YOUR OWN RISK.
THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS IN CASES OF (A) GROSS NEGLIGENCE, RECKLESSNESS, OR AN ACT OF INTENTIONAL WILLFUL MISCONDUCT; OR (B) A VIOLATION OF A CONSUMER PROTECTION STATUTE IN CONNECTION WITH THE SERVICE THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY, ANY PROVISION WITHIN THIS SECTION THAT IS HELD INVALID SHALL BE SEVERABLE AND THE REMAINING PROVISIONS ENFORCEABLE. THIS PRIOR PROVISION SHALL HAVE NO EFFECT ON HYPERFLOW’S CHOICE OF LAW PROVISION. HYPERFLOW’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND ANY SEVERED PROVISION WILL BE CHANGED AND INTERPRETED SO AS TO BEST ACCOMPLISH THE OBJECTIVES OF SUCH UNENFORCEABLE OR INVALID PROVISION TO THE MAXIMUM EXTENT OF APPLICABLE LAW. IN THE EVENT THAT HYPERFLOW IS FOUND LIABLE FOR DAMAGES DESPITE PROVISIONS TO THE CONTRARY, TOTAL DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HYPERFLOW OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S).
IV. Arbitration Agreement
ATTENTION: YOU WAIVE THE RIGHT TO SUE IN COURT OR TO PARTICIPATE IN ANY CLASS ACTION BASED PROCEEDINGS AGAINST HYPERFLOW. YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE TO FINAL AND BINDING ARBITRATION IN OTTAWA, ONTARIO, CANADA. EVEN IF YOU ARE IN THE U.S., ARBITRATION MAY BE ENFORCED AGAINST YOU UNDER THE FEDERAL ARBITRATION ACT (“FAA”, 9 U.S.C. §206).
By using the Service, you agree to this Arbitration Agreement, which is governed by the International Commercial Arbitration Act and other applicable laws of the Province of Ontario, Canada. Any dispute, claim, or controversy arising out of or relating to (i) these Terms or the existence, breach, termination, enforcement, interpretation, or validity thereof, or (ii) your use of the Service at any time, whether before or after the date you agreed to the Terms, shall be known here collectively as a “dispute”. You and Hyperflow agree that any dispute between you and Hyperflow will be settled by binding arbitration, and not in a court of law or administrative proceeding. This Arbitration Agreement precludes you from filing or participating in any form of class action lawsuit, class action arbitration, or any other form of class based proceedings between you and Hyperflow over any dispute.
Any dispute between you and Hyperflow shall be settled by arbitration administered by the International Centre for Dispute Resolution Canada (ICDR Canada) in accordance with its Canadian Expedited Procedures. Once the notice of arbitration is initiated, the parties agree to attempt to settle any dispute by mediation administered by the ICDR Canada under its Canadian Mediation Rules. Mediation will proceed concurrently with arbitration and shall not be a condition precedent to any stage of the arbitration process.
Any arbitration and/or mediation between you and Hyperflow shall be held in Ottawa, Ontario, Canada. Any arbitration and/or mediation shall have one arbitrator and/or one mediator. All arbitration and/or mediation shall be held in English. You and Hyperflow Studios, Inc., a Canadian corporation, waive any right to a jury trial for any disputes. This arbitration and its proceedings shall be confidential to the maximum extent allowed by law. Selection of the arbitrator and/or mediator will follow the ICDR Canada’s selection process. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, ICDR Canada cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.
You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. This makes the process faster and usually cheaper for both parties. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses only to the extent provided under applicable law. If Hyperflow prevails, Hyperflow may recover all reasonable attorneys’ fees and costs to the maximum extent allowable by applicable law.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement, if the user is within the U.S., evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. §206 (“FAA”) applies for purposes of enforcing this international agreement. It is the intent of the parties that the FAA, ICDR Rules, and the federal and provincial laws of Ontario, Canada shall preempt all state laws to the fullest extent permitted by law. If the FAA and ICDR Rules are found not to apply to any dispute or issues within a dispute that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the Province of Ontario, Canada.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
In the event that you and Hyperflow are forced to litigate rather than arbitrate a dispute, you acknowledge that you have you been informed that Hyperflow Studios, Inc., a Canadian corporation, lacks any physical presence within the United States. You recognize that we have no headquarters, no offices, and no personnel in the United States, and that the United States is not our principal place of business. You further acknowledge that we lack the minimum contacts necessary in the United States to establish general or specific personal jurisdiction and that litigation in the United States may constitute forum non conveniens.
V. Intellectual Property
Hyperflow respects intellectual property rights and laws pertaining to Content on its Service.
WHAT WE OWN
With the exception of User Content and Content belonging to third parties, all intellectual property on the Service is owned by Hyperflow, or its licensors, Content providers, vendors, and agents. This intellectual property includes, but is not limited to, Hyperflow’s copyrights, trademarks, service marks, trade names, trade dress, trade secrets, and patents. With the exception of User Content, all content on the Service is a collective work under Canadian and other copyright laws and is the proprietary property of Hyperflow. All rights reserved.
WHAT WE GRANT YOU
Hyperflow grants you a non-exclusive, non-transferable, limited license to use the Service. Except as specifically provided herein, you may not, in whole or in part: (i) copy the Service, (ii) distribute copies of the Service, whether whole or in part, to any third party; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Service, except as otherwise permitted by law; (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Service to third parties; or (v) use the Service to act as a service bureau or application service provider, or to permit access to the Service by any third party. Part of the Service may be provided by and/or owned by third parties. Certain parts of the third party materials supplied by Hyperflow for use with the Service are governed by open-source software license agreements supplied with such third party materials. Hyperflow makes no claim of ownership of such open-source software, and such software is supplied solely in accordance with the license agreements accompanying such software. Accordingly, the restrictions above concerning scope of use, ownership, modification, and other provisions relating to the Service may not apply to such open-source software.
WHAT YOU OWN
User Content is not confidential or proprietary. You understand that all information, data, photographs, or other materials that you and other users of the Service upload, post, transmit, publish, display, or otherwise make available through the Service, including information you share with or make available to other users of the Service ("User Content"), are the sole responsibility of you or the person from whom such User Content originated. This means that you, and not us, are responsible for all User Content that you upload, post, transmit, publish, display, or otherwise make available through the Service.
WHAT YOU GRANT US
You grant, and warrant that you have the right to grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User Content in whole or in part in any form, medium, or technology (now known or later developed). We may modify or adapt User Content, in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, at our sole discretion, cite to your name or other identifier you provided when posting User Content. You represent and warrant that our publication and use of your User Content will not infringe or violate the intellectual property or other rights of any third party.
BE RESPONSIBLE FOR YOUR STUFF
ATTENTION: YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU SUBMIT TO THE SERVICE AND ANY DAMAGE THAT CONTENT MAY CAUSE. IF THERE IS A DISPUTE, CLAIM, OR ACTION AGAINST US RELATED TO OR ARISING FROM YOUR USER CONTENT, YOU WILL INDEMNIFY AND DEFEND US FROM THIRD PARTIES AND HOLD US HARMLESS.
We do not control the User Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for or related to any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the publication or use of or reliance on any User Content submitted through the Service.
Hyperflow has the right, but not the obligation, to monitor User Content and, at its sole discretion, modify, remove, or refuse to post any User Content on our Service. We reserve our right to terminate your account for any reason, including, but not limited to, violations of your warranties as to User Content.
By making available User Content through the Service, you represent and warrant that:
1. You are the owner or are authorized to use said User Content and to make it available on the Service.
2. You waive voluntarily all "moral rights" that you may have in such User Content.
3. You have the right to grant the licenses granted under these Terms;
4. Your User Content is accurate;
5. None of User Content violates these Terms;
6. Your User Content will not conflict with, result in a breach or violation of any terms or provisions of, or constitute a default under any contract or agreement to which you are currently bound or will become bound in the future;
7. Your User Content is not illegal, and does not and will not violate any law;
8. Your User Content will not cause injury to any person or entity;
You agree to defend, indemnify, and hold Hyperflow, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and cost of litigation or arbitration) that arise out of or are related to any User Content you submit through the Service, your violation of these Terms, your use or misuse of the Service, or your violation of any third-party rights.
We will review all claims of copyright or other intellectual property infringement on our Service that we receive. We will remove any Content in violation of any intellectual property laws. If any material available via the Service infringes a copyright, you may notify our designated agent under the Digital Millennium Copyright Act. Our designated agent may be reached at: email@example.com
Your notice should include the following:
1. Your contact information (i.e. your address, phone number, and email)
2. A description of the protected intellectual property that you believe has been infringed.
3. A detailed description of the material on the Service that you believe is infringing. Detailed means that the description should locate where the infringing material is on the Service.
4. A statement of good faith belief that the use of the material on the Service is not authorized by the copyright owner or agents, or by any applicable law.
5. A statement made, under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or an authorized agent thereof.
6. Your electronic or physical signature.
VI. Code of Conduct
Hyperflow has the right at its sole discretion, but not the obligation, to monitor User Content, to deny access to the Service, and to terminate any account by any user. Reasons for denying access to or terminating an account include, but are not limited to, any of the following:
● Insults, “flaming”, or bullying, whether on the Service or in an offline related interaction
● Posting User Content, whether directly or indirectly, knowingly or unknowingly, that is illegal, offensive, libelous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, prurient, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, sexual orientational, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable
● Posting photos or videos of another person without that person's consent
● Stalking, intimidation, abuse, harm or harassment of another Service user or person
● Posting, collecting, or soliciting personal information from other Service users without their consent or for illegal purposes
● Posting, collecting, using or submitting on the Service the private information of anyone else without their consent or for illegal purpose
● Sending unsolicited emails or other communications to other Service users or persons.
● Using the Service for any commercial purpose whatsoever
● Submitting any advertising, solicitation, or commercial content whatsoever on the Service
● Offering any products or services on the Service for any consideration or anything of value
● Accepting payment from a third party in exchange for any products or services on the Service.
● Submitting any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming."
● Using or submitting automated scripts to collect information from, or otherwise interact with, the Service (e.g. “screen scraping”).
● Impersonating any person or entity, including, without limitation, athletes, celebrities, or Hyperflow employees.
● Misrepresenting yourself, your age or your affiliation with any person or entity.
● Registering for more than one Service account
● Registering a Service account on behalf of another individual, group or entity
● Selling or transferring your Service profile or account
● Buying a Service profile or account
● Using or attempting to use another person's account, username or password
● Not keeping your username, password, and other important information private and confidential, which is your responsibility
● Taking any action on the Service designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Service
● Posting or submitting User Content that contains software viruses, programs or other computer code
● Attempting to circumvent or modify any Service security technology or software.
If you would like to access our paid premium features (Premium Service), they are available via subscription. All subscriptions made through third parties (Apple’s App Store, Google Play, etc.) will be subject to the terms and conditions and privacy policies of those third parties. Our “Premium Service” is a subset of our Service as a whole, and all Terms that apply to the Service apply to the Premium Service as well.
If you choose to subscribe for our Premium Service, you agree to pay any fees due or incurred by your subscription to our Premium Service that require payment. If you choose to use our Premium Service, you must provide information about your preferred payment method, your billing address, and all other information necessary to make your Premium Service payments (e.g., credit card, online payment service or any other payment method made available) (“Payment Information”). If necessary, you may change, modify, or update your Payment Information for the Service via settings. Hyperflow will process payments for the Premium Service via the online billing mechanisms of its third party providers and will try to process all payments in a timely and commercially reasonable manner. Further, Hyperflow reserves the right to terminate your access to the Premium Service on account of nonpayment.
If you want to discontinue your Premium Service subscription, then you must cancel your Premium Service subscription per applicable cancellation procedures. For cancellation procedures for our third party providers, such as Apple’s App Store and Google Play, please see their relevant terms and conditions. Cancellation of our Premium Service will go into effect at the end of your current billing cycle. Until cancellation goes into effect, you will have the same level of access to the Premium Service through the remainder of such billing cycle. No refunds or credits, in whole or in part, will be provided by Hyperflow upon cancellation.
You may elect to pay Premium Service fees on a monthly, biannual, or annual basis. All such Premium Service fees are payable in advance. Premium Service fees will be billed automatically at the start of the monthly, biannual, or annual period, if applicable, and will renew automatically until you cancel your Premium Service subscription or until your Premium Service is terminated. The renewed, automatic Premium Service fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Hyperflow to charge you via your Payment Information for the appropriate Premium Service charges and fees and for any other purchases you elect to make via the Service. Hyperflow reserves the right to increase Premium Service fees or to institute new fees at any time upon reasonable notice posted in advance on the Service.
VIII. Choice of Law/Governing Law
You agree that these Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to the conflicts of laws rules of any jurisdiction. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Any waiver by us of a breach of any provision of these Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms in the future.
XI. Third Party Links, Platforms, and Services
The Service may contain links to websites, applications or other products or services operated by other companies (“Third Party Services”). Hyperflow does not endorse, monitor or have any control over these Third Party Services, which have separate terms of service and privacy policies. Hyperflow is not responsible for the content or policies of Third Party Services and you access such Third Party Services at your own risk.
XIII. Force Majeure
You agree that Hyperflow shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: acts of God, fire, lightning, explosion, power surge or failure, water, war, crime, revolution, terrorism, insurrection, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor shortages or unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, shortage of materials, shortage of infrastructure, embargoes, postal disruption, communication disruption, or acts or omissions of other common carriers.
XIV. Right to Modify
Hyperflow Studios, Inc., a Canadian corporation, reserves the right to modify these Terms, in whole or in part, at our own discretion without notice at any time. Such modifications will be effective upon posting these changes to the Service. You agree to comply with, and be bound by, any such modifications by continuing to use the Service after the modified Terms are posted to the Service.
XV. Communications Consent
By using the Service, you agree to receive certain electronic communications from Hyperflow Studios, Inc., a Canadian corporation. These electronic communications may include emails to promote our services. You may unsubscribe from those emails at any time by contacting us. You agree that any notice, agreement, disclosure or other communication that Hyperflow Studios, Inc., a Canadian corporation, sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may not unsubscribe from electronic communications sent for legal communication purposes so long as you are using the Service.
If you any questions or concerns regarding the Service or these Terms, feel free to contact: