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Terms of use

Last updated: Jun 2014

This page (together with the documents referred to on it) describes in the simplest possible way, the important things you need to know about accessing and using the http://hiyalife.com website and mobile apps, and any other site owned and operated by HIYALIFE LIMITED (together “our site”), whether as a guest or a registered user.

Accepting these terms

By using our site, you indicate that you accept these terms of use and that you agree to abide by them. Please read these terms of use carefully before you start to use the site. If you do not agree to these terms of use, please refrain from using our site. Also, if a term does not make sense to you, please let us know by e-mailing hi@hiyalife.com

Variations

We may revise these terms of use at any time by amending this page – we might have to do so if we release a new feature or for some other reason. We might communicate to our users of any changes to these terms we deem relevant, however it will remain your responsibility to check this page from time to time and understand any changes we made (indicated by revising the date at the top of these Terms), as they are binding on you. If you continue to use the service after the revised terms of use go into effect, then you will be considered to have accepted the terms in their latest version. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Information about us

http://hiyalife.com is operated by HIYALIFE LIMITED (“We”). We are registered in England and Wales under company number 07670425 and have our registered office at 59 Lafone Street, London, SE1 2LX.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing.

Accessing our site

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Uploading material to our site

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness. When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service (including via applications). We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. We will always respect the privacy settings you apply to the content you upload and subject our actions to them. Aside from our limited right to your content, you retain all of your rights to the content you post, link and otherwise make available on or through the Service. You can remove the content that you posted by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time.

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We also have the right to disclose your identity, if required, to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy. VIRUSES, HACKING AND OTHER OFFENCES You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Intellectual property rights

We are the owner of all intellectual property rights in our site, and the licensee of the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the source of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Linking to our site

You may create a hyperlink to the Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You may not use, frame or utilize framing techniques to enclose any hiyalife trademark, logo or other proprietary information without hiyalife’s express written consent.

Hiyalife makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

A lot of the content on the Service is from you and others, and we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy. If you wish to make any use of material on our site other than that set out above, please address your request to hi@hiyalife.com.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may have to suspend temporarily access to our site, or close it indefinitely. If that would be the case we commit to contact our users and send to them the content they have uploaded into our site within a period no longer than 3 months –this only includes photos, videos, and text. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Security

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Termination

If you breach any of these terms of use, we have the right to suspend or disable your access to or use of the Service.

Entire agreement

These terms of use constitute the entire agreement between you and hiyalife regarding the use of the Service, superseding any prior agreements between you and hiyalife relating to your use of the Service.

Feedback and concerns

We love feedback. Please let us know what you think of the Service, these Terms and, in general, App.net. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, App.net, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions. If you have any concerns about material which appears on our site, please contact hi@hiyalife.com