imprint

Geschäftsführung

Hypest Hive GmbH
Dürndorfergasse 24
A-2460 Bruck an der Leitha
Austria

Firmenbuchnummer: FN 486273 h
VAT-ID: ATU73215068
Kontakt:

Büro Wien

Teinfaltstraße 8/4
1010 Wien
Austria

Terms and Conditions

Last updated: 01.06.2018

1. Scope and Amendment of the General Terms and Conditions

1.1 These General Terms and Conditions shall govern all transactions and the legal relationship between Hypest Hive e.U., Dürndorfergasse 24, A-2460 Bruck an der Leitha, Austria, registered with the Regional Court (Landesgericht) [TBA] under FN [TBA] (Hypest Hive), and any person, who offers to create promotional online media content on websites including, but not limited to YouTube, Twitch, Vine, or Tumblr (Influencer). The legal provisions for entrepreneurs shall apply, insofar as the application of the Consumer Protection Law (Konsumentenschutzgesetz) is not mandatory.

1.2 These General Terms and Conditions shall apply together with the privacy policy (Privacy Policy), the cookie policy and if applicable, with additional usage guidelines (together, the Terms of Use) to all transactions and legal relationships between Hypest Hive and Influencer.

1.3 Hypest Hive expressly intends to enter into any agreement solely on the basis of the Terms of Use under exclusion of other contract forms / general terms and conditions. Should, as an exception, the application of other terms of use be agreed to in writing, they only shall apply insofar as they do not collide with the Terms of Use.

1.4 By accessing and using the platform of Hypest Hive, hypesthive.com (Platform), Influencer declares to have read and fully understood and therefore agrees to all terms, conditions, guidelines and methods published from time to time by Hypest Hive in the absence of which Influencer is not entitled to use or access the Platform.

1.5 The Terms of Use replace all previous verbal or written, binding or non-binding agreements, notifications, correspondences and statements.

1.6 Hypest Hive reserves the right to amend the Terms of Use at any time unilaterally. The latest version is available at hypesthive.com/imprint#terms-and-conditions. Influencer shall check the Terms of Use for updates regularly. With the further use of the Platform, Influencer declares to agree to such updates, in the absence of which Hypest Hive is entitled to exclude Influencer from access and use of the Platform.

2. Description of the Platform

2.1 The Platform is a promotion and advertising web portal in the gaming community. Hypest Hive enables suppliers (Suppliers) who want to promote certain goods or services (Product) to publish or distribute their offers for digital advertisement (Offer) in the course of an advertising campaign (Campaign) with certain specifications (Specifications).

2.2 Hypest Hive is neither an intermediary nor broker, but solely provides access to the Platform. Hypest Hive is not responsible for the Offer, the Specifications, any game for which a user shall receive a game key (Key) if buying a Product on the platform specified by Supplier and/ or the proper fulfillment of any agreement between the Supplier and Influencer, or between Supplier and any user buying such Product.

3. Services of the Platform

3.1 Hypest Hive grants Influencer hereby a personal, non-exclusive, non-transferable, non-sublicenseable and revocable right for the use of its account on the Platform (Account).

3.2 Influencer may access the Offers on the Platform. Influencer can accept an Offer through the Account. If Influencer accepts such Offer, Influencer shall produce a video (Video) according to the Specifications within the time frame as specified in such Offer. The Video shall also include a prominent mention of the Key the user receives when purchasing a promoted Product on the platform specified by Supplier, as set out in the Specifications of such Offer.

3.3 After the production of the Video, Influencer shall pre-upload (make the Video available only to Hypest Hive) the Video to the platforms specified in the Offer, and shall inform Hypest Hive of the pre-upload. Hypest Hive will review the Video according to the Specifications within 5 days. Only in case of Hypest Hive's approval, Influencer shall publish the Video to the public without delay. Hypest Hive may reject a Video without explanation in which case Influencer shall not receive any remuneration according to Clause 7.

3.4 Influencer explicitly agrees that Hypest Hive sends Offers to Influencer via email from time to time, which Influencer can accept only via the Account.

3.5 Hypest Hive reserves the right to change any information, material or content (including, but not limited to, features, availability of Offers) contained on or provided through the Platform anytime without prior notice.

3.6 Hypest Hive is not obliged to provide additional services. In particular, Influencer is not entitled to any modifications or changes of the Platform or the Offer.

3.7 Hypest Hive reserves the right to fully or partly extend or improve the organization of the Platform in its sole discretion without prior notice or prior approval of Influencer. Hypest Hive will endeavor to avoid substantial impairments for the use of the Platform, but cannot guarantee that there will not be temporary interruptions or interferences due to such amendments.

3.8 Hypest Hive also reserves the right to fully or partly cease to operate the Platform, or to exclude Influencers from access and use of the Platform in its sole discretion without prior notice or prior approval of Influencer, especially, but not limited to, if Hypest Hive receives negative feedback on Influencer.

4. Registration, Account and Security

4.1 The agreement regarding the use of the Platform between Influencer and Hypest Hive is concluded in accordance with the Terms of Use by registration of Influencer on the Platform (Agreement). Influencer can only use the Platform via an Account.

4.2 Influencer is only entitled to one Account. If more Accounts are found to be associated with an Influencer, Hypest Hive entitled to deactivate such Accounts without any prior notice.

4.3 Influencer receives a confirmation of the registration with an email generated by Hypest Hive automatically. Hypest Hive activates the account manually. However, Hypest Hive reserves the right to reject registrations without explanation.

4.4 When registering or contacting Hypest Hive, Influencer is obliged to state true, exact, current and complete details about Influencer's - natural or legal - person and also to update such data regularly and promptly within the Account. These data include in particular the name, business name, corporate form, commercial register number, address, telephone number, email address, the name of contact persons, and the details on the bank account of Influencer, on which Hypest Hive can pay the remuneration to Influencer according to Clause 7. Upon request by Hypest Hive, Influencer shall provide all information Hypest Hive considers necessary for the use of the Platform, and shall cooperate with Hypest Hive in all matters relating to the Platform.

4.5 Influencer is responsible for observing the privacy of its access data to its Account, and is liable for all activities in connection with such Account. Influencer is obliged to (a) inform Hypest Hive immediately of any use of its Account which has not been approved, and of any other security breach and (b) ensure to log out from its Account at the end of every session. If any unauthorized use of the Account by a third person occurs, Influencer shall inform Hypest Hive immediately. Hypest Hive does not assume any liability for any losses, damages or other liability claims, which result from a breach of the obligations in this Clause 4 or an unauthorized access to or use of the Account.

5. Agreements between Influencer and Supplier

5.1 The Platform permits Influencer to view and accept the Offers. If Influencer accepts an Offer through the Platform, Influencer enters into a separate agreement with the Supplier of the Product mentioned in the Offer.

5.2 Hypest Hive is not a party to, and does not have any direct or indirect influence on the contractual relationship between Supplier and Influencer, and is not responsible for (a) the execution of the agreement, (b) the correctness, completeness or validity of the Offer and Specifications, (c) the Video, Product, game and Key (d) the success of the Campaign, (e) false or incomplete information of Supplier, or (f) any other disputes, claims, costs, damages or expenses in connection with such relationship.

5.3 No rights arise (i) for Supplier from any agreement between Influencer and Hypest Hive, and (ii) for Influencers from any agreement between Supplier and Hypest Hive (no effect to the benefit of third parties).

6. Obligations of Influencer

6.1 Influencer shall produce the Video according to the Offer and shall adhere to the procedure as described in Clauses 3.2 et seq.

6.2 Influencer is responsible for all content provided by Influencer to Hypest Hive in any form

6.3 Influencer guarantees, that all provided information and content

6.3.1 is neither false, inaccurate or misleading;

6.3.2 is neither false, inaccurate or misleading;

6.3.3 does not breach any laws, provisions, regulations or terms; and

6.3.4 does not contain any viruses or programs which cause damage, impede or intercept information, data and personal information or use such data illegally.

6.4 Influencer is not entitled to use the Platform to break any applicable (domestic or foreign) laws or regulations intentionally or negligently.

6.5 Influencer is obliged to refrain from any action which may damage any of the Platform's features. Furthermore, Influencer shall be responsible to use the Platform in a way that fulfills all legal requirements (domestic and foreign requirements) at federal, state and local level.

7. Remuneration, Payment

7.1 Influencer shall receive such remuneration as specified in the respective Offer, if Influencer uploads a Video according to Clauses 3.2 et seq. The remuneration depends on the views of the Video, if Influencer has met all Specifications, and if the Video has been approved by Hypest Hive according to Clause 3.3.

7.2 Hypest Hive shall pay the remuneration to Influencer only within 3 weeks after Hypest Hive receives the payment for the Campaign from Supplier.

7.3 All quoted prices and fees and all payments to Influencer shall not include VAT and additional applicable taxes, fees and charges, as the case may be.

7.4 Influencer is not entitled to set off any counterclaims or alleged price reduction claims, unless the claim is finally determined by court, or if Hypest Hive acknowledges such claim expressly in writing (email suffices).

7.5 Objections against payments shall be raised by Influencer within 10 Austrian bank working days in writing; otherwise the payment shall be deemed approved.

8. Limitation of Liability, Indemnification against Claims, and Litigation

8.1 Influencer understands and expressly agrees that he uses the Platform at its own risk and Hypest Hive does not warrant a condition of any kind. Hypest Hive assumes especially no warranty for the offers by Supplier.

8.2 Any liability of Hypest Hive and of persons attributable to Hypest Hive is excluded to the maximum legally permitted for all damages whatsoever, including but without limitation, (a) direct and indirect damages, (b) material and intangible damages, (c) consequential losses, (d) loss of profit, (e) damages of the business for circumstances which are not in the sphere or control of Hypest Hive.

8.3 Hypest Hive does not assume any liability for any Offer, or of any Specification contained in such Offer.

8.4 Should Hypest Hive be liable under mandatory law, Influencer shall have a duty to prove Hypest Hive’s fault, if any, or the fault of a person attributable to Hypest Hive, if any. The parties agree that § 1298 Austrian Civil Code (Allgmeines Bürgerliches Gesetzbuch – ABGB) is excluded.

8.5 Hypest Hive is not responsible for the Offers, Products, Videos, Keys other services, content, links, inserts, notifications and other actions or omissions of Influencer, Supplier, Key provider, or any other third party in connection with the Platform.

8.6 Influencer is obliged to indemnify and hold harmless Hypest Hive, its directors and employees, for any and all claims for damages, regardless if they concern direct, indirect, consequential or other damages, losses, liability claims, costs, expenses and claims of third parties in any form whatsoever, known or unknown, which result out of or relate to disputes in conjunction with the Platform in the broadest sense. This obligation also includes the complete compensation for all court fees and legal fees of Hypest Hive in this context.

8.7 Hypest Hive does not assume any liability for damages, which result from a breach of the registration obligations and/or an unauthorized use of the Account. All statements and notifications which were delivered using of the access data are regarded on behalf of and against the Account holder.

8.8 Influencer waives its right to appeal and modify the Agreement on the grounds of error as well as laesio enormis.

8.9 Claims for damages must be legally asserted, regardless of knowledge, within six months from the time at which the damage occurs or otherwise shall be forfeited.

9. Privacy

9.1 All information made available by Influencer or which is collected by Hypest Hive in conjunction with the Platform shall be subject to the Privacy Policy, available at Privacy Policy and becomes an integral part of the Terms of Use by reference. Hypest Hive strongly recommends reading the Privacy Policy.

9.2 Influencer explicitly agrees that Hypest Hive is entitled to process Influencer’s data relating to the use of the Platform. Influencer can revoke this approval in writing at any time (email suffices).

9.3 Unless provided by law, Hypest Hive will not forward any data to a third party as long as Influencer does not render its explicit approval.

9.4 Influencer explicitly agrees to the receipt of emails by Hypest Hive with information about Offers and / or the Platform. Influencer can revoke this approval anytime by email.

10. Breach of the Terms of Use

10.1 Hypest Hive pursues complaints of users or Suppliers on Influencer and breaches against the Terms of Use immediately. For this purpose, Influencer is obliged to fully cooperate with Hypest Hive, and to disclose all required information.

10.2 If Influencer breaches the Terms of Use, Hypest Hive reserves the right to take appropriate measures in its own discretion, including, but without limitation to, giving a warning notice, temporary or permanent denial or restriction of the use of the Platform, as well as blocking or deletion of the Account.

10.3 If the use of the Platform is impaired temporarily or permanently, partially or completely, because of any activities or omissions of Influencer or persons attributable to Influencer, Hypest Hive is not responsible for any impairments or direct or indirect costs.

10.4 Influencer shall bear all damages, costs, losses or expenses, direct, indirect, consequential or other damages in any form whatsoever, known or unknown, which arise from the breach of the Terms of Use.

11. Intellectual Property

11.1 Hypest Hive is and remains sole owner and beneficiary of its patents, trademarks, designs, copyrights and other intellectual property. All logos, trademarks and designs are registered or used trademarks of Hypest Hive.

11.2 The offer of access and use of the Platform does not grant any explicit or implied right or license for the use of trademarks, logos, or designs. Any use of such rights requires the explicit written consent of Hypest Hive.

12. Governing Law and Jurisdiction

12.1 These Terms of Use shall be governed by Austrian Law except the United Nations Convention on Contracts for the International Sale of Goods. Any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Vienna.

13. Miscellaneous

13.1 Notifications to Influencer can be sent via email or via ordinary mail to the last address known by Hypest Hive. Notifications of Influencer to Hypest Hive must be in writing to the business address of Hypest Hive as stated in Clause 1.1. Influencer must inform Hypest Hive about changes of name, business name, address, legal form or any other relevant information without delay in writing (email suffices). If Influencer fails to comply, documents sent to the last address known by Hypest Hive, or the name last known by Hypest Hive, shall be deemed as received by Influencer.

13.2 No failure or delay to exercise any right or remedy arising from the Terms of Use shall be construed as explicit or implied waiver thereof.

13.3 All provisions of the Terms of Use, which, by their nature, should be valid and enforceable also after the termination of the contractual relationship with Hypest Hive, continue to exist, especially all limitations of liability, exemption rights, compensation obligations, exclusion of warranty and protection provisions for intellectual property, and licenses.

13.4 The purpose of section titles in the Terms of Use is solely to provide structure and clarity and shall have no legal effect.

13.5 The invalidity or unenforceability of one or more, or parts, of terms or provisions of the Terms of Use shall not affect the validity or enforceability of any other term or provision of the Terms of Use. The parties shall reach a valid and enforceable agreement to replace the invalid or unenforceable provision by a valid and enforceable term or provision corresponding as closely as possible to the purpose of the invalid or unenforceable provision.

Privacy Policy

Last updated: 01.06.2018

To Hypest Hive, your privacy is very important. Therefore we developed a Privacy Policy which regulates how we collect, use, disclose, share, process and save data. Please take a moment to read this Policy to ensure you are aware of our practice regarding the protection of your personal rights, and let us know if you have questions.

1. Scope and Consent

1.1 This Privacy Policy governs the collection, processing, using, saving, disclosure, and transfer of direct, indirect, personal and non–personal data during the use of the services by Influencers, Suppliers, and other users (User).

1.2 This Privacy Policy, which is an integral part of the General Terms and Conditions for all offered Hypest Hive services with all Users shall apply together with any further usage policies (this Privacy Policy, Cookie Policy, any General Terms and Conditions together, Terms of Use) to all legal transactions and legal relations between Hypest Hive and User, especially for the use of the Platform as specified in any General Terms and Conditions of Hypest Hive, and services of Hypest Hive (together, Service).

1.3 For the avoidance of doubt, Hypest Hive declares that if a User is neither a Supplier, nor an Influencer, nor a provider of the Keys, this Privacy Policy shall govern the relationship between Hypest Hive and User without any additional agreement.

1.4 By accessing and using any Service, either via the website hypesthive.com or via another service, User declares that it has read, fully understood, and accepted this Privacy Policy.

1.5 Hypest Hive reserves the right to amend this Privacy Policy unilaterally anytime. The latest version is available at: hypesthive.com/imprint#privacy-policy. User is responsible for examining the Privacy Policy for amendments regularly. With the further use of Services, User declares to agree to the amendments. If User does not accept all amendments of this Privacy Policy, Hypest Hive is entitled to exclude User from access and use of the Services.

1.6 Unless this Privacy Policy specifies otherwise, the definitions of the General Terms and Conditions for the respective User shall apply.

1.7 Hypest Hive points out and User agrees by the use of the Services, that Hypest Hive does not use any physical server, but Heroku Cloud Application Platform. Therefore data is saved on the Heroku servers in US and EU. Information and the General Terms and Conditions of the Heroku Cloud Application Platform are available here: Heroku Terms of Service.

2. Collection and Use of Personal Data

2.1 Personal data are data, which can be used to identify a specific person, or to contact a specific person.

2.2 When User contacts Hypest Hive, User might be asked to submit personal data. Hypest Hive is entitled to use this personal data in accordance with this Privacy Policy. Hypest Hive is also entitled to connect such data with other information to offer or improve services of Hypest Hive. User is not obliged to indicate the requested personal data. In this case it is possible, that User cannot use services of Hypest Hive.

2.3 If User creates an Account, or if User contacts Hypest Hive, Hypest Hive may collect the following data: name, firm, VAT number, address, telephone number, email address, information on the preferred way to get into contact.

2.4 Personal data enable Hypest Hive to

3. Collection and Use of Non-Personal Data

3.1 Hypest Hive also collects data which do not provide a direct reference to a certain person if taken alone. Hypest Hive may collect, use, transmit and disclose non–personal data for any purpose. Some examples and the use of non-personal data collected by Hypest Hive are set out below:

3.2 If non-personal data are linked to personal data, such data are treated as personal data as long as they remain linked together.

4. Cookies and Other Technologies

4.1 For the purpose of the constant improvement of the services, Hypest Hive uses cookies in every form, including but without limitation on content sharing cookies, session cookies, third-party cookies (like Google Analytics, Mixpanel), flash cookies, pixel tags (also known as transparent GIF file or web-beacon), web storage (also known as HTML5 storage), and further similar technologies (together, Cookies). The storage and use of the data, which is saved in Cookies, is included in the Cookie Policy, which is a binding part of this Privacy Policy by reference.

5. General Analytics Tools

Hypest Hive's website uses general Analytics-Tools like Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses also Cookies (these tools together, Analytics Tools). More information and the general terms and conditions of Google Analytics may be found here: https://www.google.com/analytics/terms/de.html. User expressly agrees to the use by using the website of Hypest Hive. The Analytics Tools use so called cookies, which are text files stored on the computer of User. They enable the analysis of User's use of the website. The information about the website's use generated by the cookie are usually transferred to a server of Google in the US and are stored there. In case IP-anonymization is activated on this website, User’s IP address will be shortened within the area of member states of the European Union or the European Economic Area. Only in exceptional cases the whole IP address will be first transferred to a Google server in the USA and shortened there. Google will use this information on behalf of Hypest Hive for the purpose of evaluating User’s use of the website, compiling reports on website activity for Hypest Hive and providing other services relating to website activity and internet usage. The IP-address that User’s browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. User may refuse the use of cookies by selecting the appropriate settings on user’s browser. Hypest Hive points out that, if User does this, user may not be able to use the full functionality of this web site.

6. Disclosure of Data

6.1 Hypest Hive treats the direct and indirect personal and non-personal data of its users with great care, and will not sell such data to any third party.

6.2 User expressly acknowledges the disclosure and forwarding of such data to the following third parties:

6.3 Hypest Hive is entitled to disclose and transfer personal data and non-personal data to third parties, if this is indicated towards User separately, and if User acknowledges this explicitly.

6.4 User is entitled to revoke such consent in writing towards Hypest Hive at any time and without reason.

7. Protection of Personal Data

Hypest Hive protects personal data of User during transmission with encryption processes. If the personal data is saved by Hypest Hive, Hypest Hive uses computer systems in institutions, where the access is limited by physical security measures. If storage media of third providers are used, the data are saved in encrypted form.

8. Integrity and Storage of Personal Data

Hypest Hive keeps personal data as long as necessary to fulfill the purposes as set out in this Privacy Policy, if mandatory law does not demand for or permit a longer retention period.

9. Information about Personal Data

User can help to ensure, that its contact data and settings are correct, complete and current, by logging in in its account. With the log in, User can demand the correction of incorrect data or the deletion of the data, if Hypest Hive is not obliged for the storage by the law or by appropriate business purposes. Hypest Hive is entitled to refuse to process requests, if an exchange of information is not provided by the respective legal system.

10. Websites and Services of Third Parties

The services of Hypest Hive can contain links to websites, products and services of other enterprises. Hypest Hive is not responsible for the content of these websites, products and services. The data collected by these third party providers are governed by their privacy policy practice. Hypest Hive recommends to inquire regarding their privacy policies.

11. Miscellaneous

11.1 This Privacy Policy does not apply for direct and indirect, personal and non-personal data collected by Hypest Hive, which are not provided by User by using the Services (e.g. unsolicited mailing).

11.2 Hypest Hive uses appropriate security standards to save the data of User, and to minimize the risk of data loss or data abuse. Any liability of Hypest Hive and of persons attributable to Hypest Hive towards User is excluded to the maximum legally permitted for light and gross negligence for all damages whatsoever, including but without limitation to, (a) direct and indirect damages, (b) material and intangible damages, (c) consequential damages, (d) loss of profit, (e) costs of service-replacements, (f) damages due to business interruption, (g) server outage, (h) data loss, and (i) damages of the business for circumstances which are not in the sphere or control of Hypest Hive. User can correct false or outdated or incomplete data in its Hypest Hive account anytime.