1.1 The following defined terms have been used within the context of this agreement.
“User” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site.
The terms “we,” “us,” or “our,” refer to Hyperspor, an Ontario company.
“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication.
“User Content” means Content that you submit or transmit to or through the Site, such as reviews, compliments, comments, invitations, advice, photographs, videos, and information that you display.
“Hyperspor Content” means Content that we create and make available on the Site.
“Third Party Content” means Content that is made available on the Site by parties other than Hyperspor or its users, such as data providers who license data to Hyperspor for use on the Site.
2. BINDING EFFECT
3.2 When you are required to open an account to use or access the Site or to purchase goods or products via the Site, you must complete the account registration process by providing the complete and accurate information requested on the relevant account information page. You will be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account or password of someone else at any time. You agree to notify Hyperspor immediately of any unauthorized use of your account or password. Hyperspor shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Hyperspor, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account or password.
4. LICENSE OF SOFTWARE
4.1 Hyperspor may make certain software available to you from the Site. If you used the Site and/or Services, and/or download images, files, content, or software from the Site, such Software, including all files and images contained in or generated by the Site, Services, or software, and accompanying data (collectively, “Software“), is deemed to be licensed to you by Hyperspor, for your personal and noncommercial use, only. Hyperspor does not transfer either the title or the intellectual property rights to the Software, and Hyperspor retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
5. USER CONTENT
5.1 You grant Hyperspor a license to use the User Content and materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the Site, you are granting Hyperspor, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Hyperspor, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You agree that Hyperspor may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
6.1 When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
7. INTELLECTUAL PROPERTY OWNERSHIP
7.1 All Hyperspor Content included on the Site and Service, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and Software, is the property of Hyperspor and is protected by U.S. and international intellectual property laws. The compilation of all content on this Site is the exclusive property of Hyperspor and protected by U.S. and international copyright laws. All software used on this site is the property of Hyperspor or its software suppliers and protected by United States and international intellectual property laws.
7.2 You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hyperspor and our affiliates without express written consent. You may not use any meta-tags or any other “hidden text” utilizing Hyperspor name or trademarks without the express written consent of Hyperspor. You may not use any direct linking or source-calling of any media presented on this website.
8. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
8.1 Hyperspor has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. Hyperspor’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Hyperspor to delete, edit, or disable the material in question, you must provide Hyperspor with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hyperspor to locate the material; (d) information reasonably sufficient to permit Hyperspor to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Hyperspor’s designated agent via email at email@example.com
9. PROHIBITED CONTENT
9.1 You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that you know is false or misleading;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(c) is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
(d) harasses or advocates harassment of another person;
(e) exploits people in a sexual or violent manner;
(f) contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
(g) solicits or is designed to solicit personal information from or about any minor;
(h) contains information that poses or creates a privacy or security risk to any person;
(i) constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(k) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(l) solicits or is designed to solicit passwords or personal identifying information from other Users;
(m) involves commercial activities and/or sales without prior written consent from Hyperspor;
(n) includes a photograph or video of another person that you have posted without that person’s consent; or
(o) violates or attempts to violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person.
10. PROHIBITED CONDUCT
10.1 You are also prohibited from engaging in the following activities, or assisting others in engaging in the following activities, in using the Site or Services:
(a) threatening, stalking, defrauding another person, or inciting, harassing, or advocating the harassment of another person, or otherwise interfering with another user’s use of the Site;
(b) using the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
(c) using the Site to promote bigotry or discrimination;
(d) using the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
(e) using the site for commercial or promotional purposes, advertising or otherwise solicits funds or is a solicitation for goods or services, displaying an unauthorized commercial advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site or Service on behalf of that person, such as placing commercial content in a product review, placing links to e-commerce sites not authorized by Hyperspor in a product review, placing links to blogs or forums with a commercial purpose, or otherwise attempting to post messages or advertisements with a commercial purpose;
(f) engaging in criminal or tortious activity, including, but not limited to, fraud, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, or theft of trade secrets;
(g) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(h) attempting to probe, scan, or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures without proper authorization, including circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site or Service;
(i) interfering or attempting to interfere with service to any User, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
(j) using the Site to send unsolicited e-mails, including, without limitation, promotions, or advertisements for products or services;
(k) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting;
(l) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Hyperspor in providing the Site;
(m) using the Site for keyword spamming or to otherwise attempt to manipulate natural search results;
(n) recording, processing, or mining information about other users;
(o) using any viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network, or using any other automated system in order to harvest e-mail addresses or other data from the Site or Service for the purposes of sending unsolicited or unauthorized material;
(p) modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Hyperspor Services other than your User Content which you legally post on, through or in connection with your use of the Site;
(q) providing or using “tracking” or monitoring functionality in connection with the Site or Service, including, without limitation, to identify other Users’ views, actions or other activities on the Site;
(r) interfering with, disrupting, or creating an undue burden on the Hyperspor’s Site or the networks or services connected to the Hyperpor’s Site;
(s) impersonating or attempting to impersonate Hyperspor or a Hyperspor employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of e-mail addresses associated with or of any of the foregoing);
(t) using or distributing any information obtained from the Hyperspor’s Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
(u) using invalid or forged headers to disguise the origin of any Content transmitted to or through Hyperspor’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
(v) engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
(w) using the Site in a manner inconsistent with any and all applicable laws and regulations.
11. ALLEGED VIOLATIONS
11.2 Hyperspor assumes no responsibility for monitoring the Site for prohibited Content or conduct. If at any time Hyperspor chooses, in its sole discretion, to monitor the Site, Hyperspor assumes no responsibility or liability for User Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited User conduct.
11.3 If you become aware of misuse of the Site or of any prohibited Content or conduct, please report it to Hyperspor by sending us an email in through the mechanism provided on our “Contact Us” web page.
12. ACCEPTANCE OF ORDERS
12.1 We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will be charged upon ordering. Your order will be shipped within the time stated on the product specific page or mentioned under the “Shipping” section of our “Information” webpage on the Site. Your order may be cancelled due to, but is not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or credit or fraud problems. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have received payment, we will issue a credit by the charged payment method for the amount of the charge.
13. ORDER QUANTITY LIMITATIONS
13.1 We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our “Contact Us” webpage on the Site.
14. PAYMENT CURRENCY
14.1 All payments due under this Agreement will be made in U.S. Dollars. Conversion of foreign currency to U.S. Dollars will be made at the conversion rate selected by our payment processor. Such payments will be without deduction of exchange, or other charges.
15.1 Any additional duties/taxes/fees levied by customs for import clearance into the destination country are the responsibility of the User/recipient. Hyperspor has no control over these charges and cannot predict what they may be.
15.2 Any tax or other governmental charge payable due to the sale, use or delivery of the products, such as, but not limited to, Sales Tax, Use Tax, Goods and Services Tax, Retailer’s Occupational Tax, Gross Receipts Tax, Value Added Tax and Transportation Tax shall be paid by User/buyer.
16. NO WARRANTIES
16.1 HYPERSPOR HEREBY DISCLAIMS ALL WARRANTIES. HYPERSPOR IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HYPERSPOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HYPERSPOR DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
17. LIMITED LIABILITY
17.1 HYPERSPOR’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HYPERSPOR BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HYPERSPOR. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
18. AFFILIATED SITES
19.1 You agree to defend, indemnify and hold Hyperspor, our subsidiaries, affiliates, suppliers, and licensors and each of our respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of:
(b) any allegation that any content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party;
(c) your violation of applicable law, and/or;
(d) your activities or omissions in connection with the Site.
20. GOVERNING LAW