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1. Acceptance of Terms
You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not use Honeycomb.
You must register with Honeycomb by creating an “Account”. To create an Account, you must provide accurate information included on the registration page. You are responsible for updating the accuracy of the information that you provide to us to be associated with your Account. Regarding usernames, you shall not (i) select or use, as your username, the name of another person with the intent to impersonate that person; (ii) select or use, as your username, a name subject to any rights of a person or entity other than you without appropriate authorization or (iii) select or use, as your username, a name that is otherwise offensive, vulgar or obscene.
5. Account Security
You are solely responsible for the activity that occurs on your Account. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
6. Access Rights
We, as an agent on your behalf, may access content from third party websites and services so that it is available to you through use of Honeycomb.
a. Third Party Materials and Agreements. You acknowledge and agree that we: (i) are not responsible for the availability or accuracy of Third Party Materials posted on Honeycomb or the products or services on or available from such Third Party Materials; (ii) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (iii) do not make any promises to remove Third Party Materials from being accessed through Honeycomb. Your ability to access or link to Third Party Materials or Third Party Services does not imply any endorsement by us of Third Party Materials or any such Third Party Services.
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to Honeycomb by users, whether publicly posted or privately transmitted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using Honeycomb is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from Honeycomb. However, you understand that any removed User Content may persist in backup copies for 30 days.
c. Our Content. Honeycomb may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through Honeycomb.
d. Content License Grants. i. License to Us. Honeycomb does not claim any ownership rights in the text, images, or other materials that you post on or through Honeycomb. By submitting User Content through Honeycomb, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, transmit, stream, display, perform, and otherwise fully exploit the User Content in connection with Honeycomb and our (and our successors and assigns’) business, including without limitation for promoting and redistributing part or all of Honeycomb, Content posted on Honeycomb, and derivative works thereof, in any media formats and through any media channels (including, without limitation, third party websites and feeds).
g. Honeycomb will never share any data posted on Honeycomb.
8. Honeycomb Application License
c. Updates and Upgrades; No Obligation. We are not obligated to maintain or support the Honeycomb, or to provide you with updates, upgrades or services related.
9. Rules of Conduct.
a. You shall not, and shall not permit any third party to, either (i) take any action or (ii) upload, download, post, submit or otherwise distribute or facilitatedistribution of any Content (including User Content) on or through Honeycomb that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
ii. is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or tortuous;
iii. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
iv. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of us or any third party;
v. impersonates any person or entity, including any of our employees or representatives;
vi. includes anyone’s identification documents or sensitive financial information; or
vii. is otherwise determined by us to be inappropriate at our sole discretion.
b. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of Honeycomb or any activities conducted on Honeycomb; (iii) bypass any measures we may use to prevent or restrict access to Honeycomb (or other accounts, computer systems or networks connected to Honeycomb); (iv) run any form of auto-responder or “spam” on Honeycomb; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages associated with Honeycomb, or any third party web pages accessed through Honeycomb; (vi) harvest or scrape any Content from Honeycomb; or (vii) otherwise take any action in violation of our guidelines and policies.
c. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of Honeycomb, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of Honeycomb; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. You will comply with any technical restrictions of Honeycomb that allow you to use Honeycomb only in certain ways.
10. Third Party Services
Honeycomb may permit you to access content from or to link to other websites, services or resources on the Internet (“Third Party Services”), and those other websites, services or resources may contain links to Honeycomb. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Such inclusion does not imply endorsement by us or any association with our operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
12. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
(1) which users gains access to Honeycomb;
(2) what Content you access via Honeycomb;
(3) what effects the Content may have on you;
(4) how you may interpret or use the Content; or
(5) what actions you may take as a result of having been exposed to the Content.
a. You release us from all liability for you having acquired or not acquired Content through Honeycomb. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through Honeycomb, and Honeycomb will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through Honeycomb.
b. Honeycomb AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) Honeycomb WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH Honeycomb IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING Honeycomb WILL MEET YOUR REQUIREMENTS. YOUR USE OF Honeycomb IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
IN NO EVENT SHALL WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO Honeycomb (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) DAMAGES IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR Honeycomb IN THE AGGREGATE; OR (IV) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15. Governing Law and Jurisdiction
16. Entire Agreement and Severability
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