The Hypeist website (www.hypeist.com), social networking accounts, and smartphone application include information regarding the location of hidden rewards, as well as information regarding sponsoring and partnering businesses.
I. About Hypeist
The Service is a platform through which qualifying users may earn certain goods and services provided to Hypeist by certain third-party suppliers (“Partners”, “Businesses”, “Clients”). All events, programs, promotions, giveaways, and opportunities made available by the Service may be changed or withdrawn at any time in Hypeist’s sole discretion, without notice. Hypeist and partnering third-party suppliers are not liable for any damages or injuries caused during the attempt to claim and/or use hidden rewards (as detailed later in this Agreement).
II. Ownership and Intellectual Property
III. Rules: Finding, Earning, and Claiming Rewards through Hypeist
Hypeist does not guarantee you, the user, in particular, money, cash, a specific coupon, or any other reward. Do not infer that any hidden reward from the website and/or smartphone application belongs to you, the user, or that we are specifically trying to give anything to you, the user, individually. None of Hypeist’s rewards belong to you, the user, unless and until you, the user, physically obtain it.
You may only create and hold one account on the Service for your personal use. You are not allowed to create multiple accounts for any reason. You are responsible for updating and correcting information you have submitted to recreate or maintain your account. You understand and agree that Hypeist is not responsible for any incident arising out of, or related to, your account settings. You are solely responsible for maintaining the security of your account. We assume that anyone using your account is you.
IV. Access to the Service & Termination
Hypeist retains the right to terminate your access or deny access to the Service, without cause or notice, which may result in the destruction of all information associated with you and your account. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Hypeist may also impose limits on certain features offered on the website and/or smartphone application with or without notice. You understand and agree that there may be interruptions in the Service access or access to your account due circumstance both within our control and outside of our control. You agree that we shall have no liability for any such interruptions.
V. User Interaction and Content
All users of Hypeist’s website, social networking accounts, and/or smartphone application agree to treat other users of Hypeist with respect if they arrive at the hidden rewards right before, right after, or at the same time as another user. HYPEIST IS NOT RESPONSIBLE FOR ANY CONFLICTS THAT MAY ARISE BETWEEN USERS. HYPEIST ASKS THAT USERS HAVE COMMON COURTESY FOR ONE ANOTHER.
The Service may provide opportunities to submit content (“User Content”) via the Service or in connection with the Service from time to time. If you submit User Content, you represent and warrant that you are the creator the User Content or have express, advance authority from the creator to submit the User Content. You further represent and warrant that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not submit User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or that violates any third-party rights. Hypeist shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content and disclose the User Content to any third-party, at any time, for any reason.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by Hypeist. Hypeist does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content.
As between you and us, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Service, you grant Hypeist a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory.
VI. Conduct & Interference of the Primary Functions of Hypeist
The information regarding sponsoring businesses on the Hypeist smartphone application, website, and social networking accounts is licensed to Hypeist by those third party businesses. Hypeist updates the information regarding the location of hidden rewards in real-time. You agree that you will not use any spider, crawler, robot, or other automated measure on the website, social network sites, and/or smartphone application. Additionally, you agree that you will not take any action that may impose (in our discretion) a disproportionately large load on our infrastructure. You agree that you will not spam Hypeist or any benefactor of Hypeist in anyway, including false information, or false accounts of finding any hidden rewards.
VII. Use of Publishing to Social Networking Sites
To post to our social networking sites, you must be 18 years or older, or under the supervision of your parent or legal guardian. You are entirely responsible for all content that you upload, post or otherwise transmit to our social networking sites. You agree not to: (a) Impersonate anyone or any entity, or falsely state your affiliation with any person or entity; (b) Post any content that you do not have the right to transmit; (c) Upload, post or otherwise transmit anything containing viruses, files or programs which interrupt, destroy, limit the functionality of, or cause damage to the website and/or smartphone application; (d) Disrupt the servers or networks connected to the website and/or smartphone application.
VIII. Links To Third Party Sites
IX: License to Use Website and/or Smartphone Application
Hypeist hereby grants You a non-exclusive, non-transferable, revocable license to view and use the website and/or smartphone application in accordance with this Agreement and any guidelines, instructions or policies posted on the website and/or smartphone application. Hypeist reserves the complete right to suspend the license hereunder and to prevent any account holder (i.e. user) from complete access of the website and/or smartphone application with or without notice or reason and without liability on the part and discretion of Hypeist.
You agree to indemnify and hold Hypeist, its employees, partners, agents and volunteer administrators harmless against any and all losses, claims, damages, and expenses (including reasonable attorneys’ fees) that You may incur in connection with: (a) Your breach of any of the terms of this Agreement; (b) Your use of the website and/or smartphone application; or (c) Your searching for rewards hidden by Hypeist.
XI. Limitation of Liability, Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT HYPEIST, ITS PARTNERS, EMPLOYEES, AGENTS, AND VOLUNTEER ADMINISTRATORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, CONSEQUENTIAL, DIRECT DAMAGES OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR RELATING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE AND/OR SMARTPHONE APPLICATION. THIS IS APPLICABLE EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, COMMERCIAL DAMAGES, FOR PERSONAL INJURY/DAMAGES, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, AND FOR ANY OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF HYPEIST.
YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE HYPEIST, ITS PARTNERS, OFFICERS, EMPLOYEES, AND VOLUNTEER ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS OR DEMANDS IN EXCESS OF THE LIMITATION.
XII. Disclaim of Warranties
Hypeist does not warrant the accuracy, or reliability of any information published on the website and/or smartphone application. Due to the uncertainties of conveying information over the Internet, there may be omissions, delays, or inaccuracies regarding any information appearing on the website and/or smartphone application.
You are advised to be careful under all circumstances when trying to obtain Hypeist’s hidden rewards. Traveling recklessly, or hurrying involves risk to You, other people, moving vehicles, and surrounding properties. You are advised to check the most recent weather conditions before pursuing any hidden rewards. Factors including, but not limited to, distance, security, icy conditions, terrain features, weather, health conditions, and fitness level must be considered prior to seeking Hypeist’s hidden rewards. It is of vital importance to always exercise common sense and caution while seeking Hypeist’s hidden rewards. You assume all risks that may arise when seeking Hypeist’s hidden rewards.
ALL CONTENT PROVIDED ON THIS WEBSITE AND/OR SMARTPHONE APPLICATION, ARE PROVIDED TO YOU “AS IS,” AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SITE, YOUR PURSUIT FOR THE HIDDEN REWARDS, AND THE RESULTS AND PERFORMANCE OF THE SITE. HYPEIST HEREBY DISCLAIMS ALL WARRANTIES, DUTIES OR CONDITIONS (IF ANY), WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE SITE OR ANY CONTENT PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND LACK OF NEGLIGENCE. HYPEIST GIVES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR THAT INFORMATION PROVIDED ON THE SITE, MOBILE APPLICATION, OR HYPEIST’S EFFORTS, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. HYPEIST GIVES NO WARRANTIES AS TO THE FUNCTIONALITY OF THE WEBSITE AND/OR SMARTPHONE APPLICATION AT ANY PARTICULAR TIME; TIMELINESS OF SERVICES; ACCURACY OR CURRENCY OF CONTENT; OR ANY OTHER WARRANTY.
XIII. Logo usage
The name “Hypeist ” and its associated logo and word mark are property of Hound Dog Labs, LLC.
XV. Legal and Attorney Fees
In any formal action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, Hound Dog Labs, LLC will be entitled to recover its costs, including reasonable attorneys’ fees.
XVII. Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Delaware, United States where Hound Dog Labs, LLC is organized; and in New York, United States, where Hound Dog Labs operates, without giving effect to any principles of conflicts of law.
XVIII. Severability; No Waiver; Entire Agreement.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the remaining provisions of the Agreement shall remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Hypeist’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches. This Agreement, including any notices and disclosures on the website and/or smartphone application, constitutes the entire agreement between You and us.
No purchase necessary. Hypeist is not a sweepstakes or gambling application, nor does the Service provide sweepstakes or gambling competitions to users. Hypeist is a platform that helps partnering businesses distribute, launch, and release various rewards. Users wager no money and we accept no money from users. Hypeist is not a charity or non-profit organization.
Apple is not a sponsor nor is involved in any way with Hypeist. No sponsored prizes have any relation to Apple or Apple products. Instagram, Facebook, Twitter, and other social networking sites are not sponsors nor are they involved in anyway with Hypeist.
XIX. Official Rules
To access all official rules for upcoming hunts, please click the link below.
We receive information about you from various sources including: (a) registration through the application and website; (b) your use of the Service, generally; and (c) from third party websites and services. When you the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this agreement.
HYPEIST WILL NOT GIVE ANY IDENTIFIABLE PERSONAL INFORMATION (INCLUDING YOUR EMAIL ADDRESS) TO ANY THIRD PARTY, UNLESS LEGALLY REQUIRED TO DO SO OR UNLESS AS SPECIFIED BELOW. HYPEIST MAY SHARE NON-PERSONAL, AGGREGATE CUSTOMER DATA WITH OTHER THIRD PARTIES.
This Agreement covers the treatment of personal information gather when you are using, accessing, or engaging with Hypeist. This agreement details Hypeist’s treatment of all personal information that our partners share with us or that we share with them.
This Agreement does not apply to the practices of third parties that we don’t control or own, including but not limited to any third party websites, service, and applications. We cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review all Third Party Services that you access or engage with.
Your account information will be protected by a password for your privacy and for you security. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. You need to prevent unauthorized access to your account and personal information by signing off after accessing and using the Services.
III. Collection of Information, Cookies, and Data
By collecting information, we are able to personalize, improve, and continue to operate the Services to provide better experiences to users. While using our website and/or smartphone application, we may ask you to provide us with certain personally identifiable information that can be used to identify and/or contact. Personally identifiable information may include, but is not limited to, your name, email address, postal address, or phone number (“Personal Information”).
Hypeist may use personal information to contact you in order to verify your identity. All partners of Hypeist are required to maintain the confidentiality of personal information and are prohibited from using it for other purposes.
When you create an account or profile with Hypeist, your username, password, profile picture, avatar, name, hometown, gender, birthday, email address, phone number, friends and interests are all subject to collection. You acknowledge through this agreement that the detail personal information will be provided to use when creating an account.
By providing your own content to the Services, such as photos, videos, comments, or likes, you are permitting us to indefinitely retain the content even after you terminate your account. We may continue to disclose such content to third parties in a manner that does not reveal personal information.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Like many site operators, we collect information that your browser sends whenever you visit or use our website and/or smartphone application (“Log Data”). We automatically receive and record information from your web browser when you interact with the Services. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
IV. Terminating or Deleting an Account
If you are interested in deleting or terminate you account, you may email email@example.com to do so. If you terminate your account, the information associated with that account will no longer be accessible to you through your account. However, some information, such as public activity, may be accessible to the public.
V. Links To Third Party Sites
Hypeist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.
If you have any comments, questions or concerns about this Agreement or the Services, please contact firstname.lastname@example.org.