Hypeist’s Terms of Use and Privacy Policy

Hypeist’s Terms of Use

These Terms of Use were last modified on June 18, 2015 and may be updated at the sole discretion of the company. Please read these Terms of Use (“Agreement”, “Terms of Use”, “Terms of Service, “Terms and Conditions”) carefully before using www.hypeist.com (“the Site”), Hypeist’s social networking accounts (“the Service”), and/or the Hypeist smartphone application (“the Service”), which are all operated by Hound Dog Labs, LLC (“us”, “we”, “company”, or “our”).

Please contact info@hypeist.com if you have any questions, comments, or concerns. By agreeing to our Terms of Use, you also agree to our Privacy Policy Statement, which you can find on www.hypeist.com.

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.

Other websites and companies associated with Hypeist may be made available from time to time through www.hypeist.com, Hypeist’s social networking accounts, or Hypeist’s smartphone application. These Terms of Use form a legal agreement between the account holder (“You”, “User”, “Users”) and Hound Dog Labs, LLC.

By engaging with, accessing, or using our website, social networking accounts, or smartphone application in any manner, including, but not limited to, visiting or browsing the website or smartphone application, or contributing content or other materials to Hypeist, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

We will notify you about any amendments to these Terms of Use prior to the amendments becoming effective. Please read these Terms of Use carefully and review it periodically for the latest information about our practices. If you do not agree with the practices detailed in this agreement, please do not provide us with your personal information or interact with our website, social networking accounts, or smartphone application by any means. If you do not have the power or capacity to agree to this agreement, immediately stop using the service and do not participate in any event, program, promotion, giveaway, or opportunity offered by Hypeist.

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

Hypeist’s website, smartphone application(s), name, word mark, logo, original content, features and functionality are owned by Hound Dog Labs, LLC. The Service, any content provided via the Service, and the infrastructure used to provide the Service are proprietary to us, our partners, clients, and other content providers. By accessing the Service and accepting these Terms of Use: (1) Hypeist grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Service pursuant to these Terms of Use and to any additional terms and policies set forth by Hypeist in all cases solely for the purpose described in the “About Hypeist” section; and (2) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content or software obtained from or through the Service without the written permission of Hypeist.

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.

Your account is non-transferrable. You are not permitted to sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use will cause your account to fall out of good standing, which would permit us to cancel or terminate your account and accessibility to the Service. You would then be forbidden to participate in any other events, programs, and opportunities. You are not permitted to use the Service with crawlers, robots, data mining, extraction tools or any other functionality. By falling out of good standing, you may inhibit your rights to claim a hidden reward.

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

The Hypeist website and/or smartphone application may contain links to third-party sites that are not owned or controlled by Us. Hypeist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

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.

All rights not clearly granted in this Agreement are reserved by Hypeist. You may not reproduce the Hypeist website, social networking accounts, and/or smartphone application materials in any manner, without the prior written consent of Hypeist. Exemptions are as follows: educational purposes or noncommercial use. These copies may not be distributed under any circumstances unless permission is received in writing from Hypeist. By using Hypeist,You are at least 18 years of age; You are able to create a binding legal obligation; You are not barred from receiving products or services under applicable law; You will not attempt to use the Service with crawlers, robots, data mining or extraction tools or any other similar or related functionality, whether automated, remote or otherwise; Your use of the Service will at all times comply with these Terms of Use; You will only access the Service and participate in events or other programs available via the Service in a manner that complies with the letter and spirit of the terms of such respective events and other available programs; You will only access the Service and participate in events or other programs available via the Services for your own private use and enjoyment and not for any business or commercial purpose or on behalf of any other person; You have the right to provide any and all information you submit to the Service, the information and all such information is accurate, true, current and complete; You will update and correct information you have submitted to the Service and ensure that it is accurate at all times; and; You may only participate in events or other programs available via Service using your valid account established and maintained by you and in all respects subject to these Terms of Use.

X. Indemnity

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.

SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, HYPEIST, ITS PARTNERS, OFFICERS, EMPLOYEES, AND VOLUNTEER ADMINISTRATOR’S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY TERMS OF USE REFERENCED IN THIS AGREEMENT) INCLUDING FOR ANY DIRECT DAMAGES ARISING FROM YOUR RELIANCE ON WEBSITE AND/OR SMARTPHONE APPLICATION INFORMATION, WILL BE LIMITED TO U.S. $20.00 OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON THIS SITE OR ON SITE INFORMATION, WHICHEVER IS LESS.

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.

XIV. Privacy

Hypeist is dedicated to protecting your privacy. The privacy policy can be found on our website, www.hypeist.com. We encourage you to carefully review our Privacy Policy Statement frequently to ensure that you are in understanding of current conditions.

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.

XVI. Modifications of these Terms of Use

We reserve the right, at our sole discretion, to modify, replace, or discontinue any part of these Terms of Use by posting the updated terms on the website and/or smartphone application. Your continued use of the website and/or smartphone application after any such changes constitutes your acceptance of the new Terms of Use. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the website and/or smartphone application. You may close your account without penalty and you should not use the Service or participate in any program offered via the Service after the effective date of the changes. Please regularity revisit these Terms of Use to ensure that you stay informed of any changes.

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.

XIX. Miscellaneous

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.

Please read our Terms of Use and Privacy Policy before using Hypeist. This is not a raffle, lottery, or gambling platform. Hypeist does not accept any money from users. The location of the hidden rewards is revealed through the Hypeist smartphone application, website, and its social networking accounts. A reward belongs to the first person that finds it. Hypeist is in no way promising any user money, a specific voucher, or any other reward. Do not infer anything from this mobile application that any hidden reward belongs to you until you find one. No hidden reward belongs to you until you physically obtain it. It is of vital importance to treat other users of Hypeist with respect if they arrive at the location of a hidden reward before you, after you, or at the same time as you.

XIX. Official Rules

To access all official rules for upcoming hunts, please click the link below.

Official Rules

Hypeist’s Privacy Policy

This Privacy Policy describes the policies and procedures of Hound Dog Labs, LLC (“us,” “we,” or “our”). Hound Dog Labs, LLC operates www.hypeist.com, the Hypeist social networking profiles, and the Hypeist smartphone application. This page informs you of our policies regarding the collection, use and disclosure of personal information we receive from users (“you,” “your”).

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.

Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible atwww.hypeist.com.

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.

I. Coverage of the Privacy Policy

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.

II: Security

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 info@hypeist.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

Our website and/or smartphone application may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

Hypeist has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services.

VI. Changes To This Privacy Policy

Hypeist reserves the right to update this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. Upon amending this Agreement, we will notify you through a notification, update, or email. As you are bound by any changes to the Privacy Policy, you are advised to review this Privacy Policy periodically for any changes.

If you have any comments, questions or concerns about this Agreement or the Services, please contact info@hypeist.com.