Welcome, and thanks for using HiyaWorks.com! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the Member Agreement below.
Note: You are entering into a legally binding agreement.
We are a social network and online platform for individuals having interest and expertise in various creative and artistic space.
HiyaWorks’s (hereafter referred in short as Hiya) mission is to connect the world’s creative individuals and groups (amateurs to professionals) to allow them to be more productive and successful. Our registered members (“Members”) share their professional identities, engage with their network, exchange knowledge and professional insights, post and view relevant content, and find career and casting opportunities. Content on some of our services is also visible to unregistered viewers (“Visitors”). We believe that our services allow our Members to effectively compete and achieve their full career potential at the same time have fun with friends and family. The cornerstone of our business is to focus on our Members first.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by clicking “Signup for Free” “Register”, “Sign Up” or similar, registering, accessing or using our services (including Hiya, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with the holding company, Crimson Angle Private Limited, a limited liability company registered in India (each, “Hiya” or “we”).
Registered members of our Services are “Members” and unregistered members are “Visitors”. This Agreement applies to both.
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Hiya account, which must be in your real name; and (3) you are not already restricted by Hiya from using the Services.
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections, groups) and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
You'll honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
We don't guarantee refunds.
If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period. Learn how to cancel or change your Premium Services and read about Hiya's refund policy.
- Taxes are calculated based on the billing information that you provide us at the time of purchase.
Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices - You agree that we may provide notices to you in the following ways: (1) an email sent to an address you provided, or (2) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
Messages and Sharing
When you share information, others can see, copy and use that information - Our Services allow messaging and sharing of information in many ways, such as your profile, creative files, opportunities, contests, events, HiyaMails and blogs. Information and content that you share or post may be seen by other Members or, if public, by Visitors. Where we have made settings available, we will honour the choices you make about who can see content or information. Note that other activities, such as applying for a job or sending a HiyaMail, are by default private, only visible to the addressee(s).
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
The Hiya Website and Third Party Websites
Website Access - You agree to play by the rules
- In order to access some features of Hiya, you will have to create an account. You may never use another's account without that member’s permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Hiya immediately of any breach of security or unauthorized use of your account. Although Hiya will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hiya or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers,”, "Automated voting", etc., that accesses Hiya in a manner that sends more request messages to Hiya servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Hiya grants the operators of public search engines permission and license to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hiya reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from Hiya, nor to use the communication systems provided by Hiya for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any members of Hiya with respect to their Member Submissions. All website products, contests and services are void where prohibited by law.
Intellectual Property Rights - You always maintain the rights to your uploads.
Hiya does not claim ownership of Content (as defined below) that you (hereinafter referred to as “Member” or “you”) submit or make available for inclusion on Hiya. Member affirms, represents and warrants that the Member owns (and/or otherwise has the right to submit) the Content submitted or made available by the member on Hiya, and such ownership is retained by Member at all times. With respect to Content you submit or make available for inclusion on publicly accessible areas and/or other areas of Hiya, you affirm, represent and warrant that you have the legal power and authority to, and do, grant to Hiya, as well as Hiya’s Partners and Sponsors (i) the right to display the Content on Hiya, (ii) the right to use the Content to promote the contest(s) or the Content (iii) the right to and (iv) the right to engage in all of the acts as set forth below, as applicable.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honour the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, and that your Hiya profile will be truthful.
As between you and Hiya, you own the content and information that you submit or post to the Services and you are only granting Hiya the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Hiya may be required by law to remove certain information or content in certain countries.
Member Submissions Your Creative Content May Be Selected To Receive More Exposure and Popularity!
- Hiya may now or in the future permit the submission of your creative content like photographs, motion pictures, videos, other audio-visual works, literary works, and/or image files and/or other communications by you and other members ("Member Submissions") and the hosting, sharing, and/or publishing of such Member Submissions. You understand that whether or not such Member Submissions are published, Hiya does not guarantee any confidentiality with respect to any submissions. You retain all rights to your work. By submitting your work here, you grant Hiya, Contest Sponsors and Partners the right to display and/or to provide exposure to your creative content and/or other works anywhere including, without limitation, when your creative content or other works are selected as winners of any contest, (i) to be displayed on Hiya’s Website, (ii) to be displayed and used in connection with marketing, promotion and/or advertising of Hiya on Hiya’s Website, any other website, in social media and/or in any other form of media including publications, periodicals, communications, still images, video and/or television. All used creative content are credited to whomever the author is as represented by the Member. Any use of the images will be solely used in the context of promoting the contests’ submissions, Hiya, and Members in Hiya’s sole discretion with no additional compensation owed to the author, member and/or any other person or entity.
You agree to upload only your own creative work
- If you are a copyright owner or an agent thereof and believe that any Member Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing 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 the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) 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 (vi) 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.
- You understand that when using Hiya, you will be exposed to Member Submissions from a variety of sources, and that Hiya is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable. and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Hiya with respect to Member Submissions. You agree to indemnify and hold Hiya, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your Member Submissions and Content, as well as your use of Hiya.
- Hiya may choose to provide resident or guest judging for specific contests, themes, challenges and other activities, the decisions of the Judges are final and binding on all matters relating to the selection of winners. The Finalists and any other winners will be judged on by the Judges' in their sole discretion. Voting and People's Choice results, the submission with the most votes will be deemed the winner from among the Member Submissions. Member Submissions with the same total votes will be re-judged using the same criteria. All Member Submissions and votes will be retained until eligible winners are chosen for all prizes. Once a Member Submission or a Member is deemed ineligible, however, the Member Submission will be deleted and not further considered.
The Hiya Content on the Hiya Website
Other Content, Sites and apps
When you see, or use others' content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through Hiya, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Hiya generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
Content is provided to you AS IS, as provided by members. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Hiya on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Hiya or the respective licensors (owners of creative content) of the Content. Hiya and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
We have the right to limit how you connect and interact on our Services. We're providing you notice about our intellectual property rights. Hiya reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Hiya reserves the right to restrict, suspend, or terminate your account if Hiya believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts). Hiya reserves all of its intellectual property rights in the Services.
When Purchasing on Hiya
You will need to provide Hiya with a credit or debit card or Paypal account, and we will charge that card or Paypal for the subscription fees and other charges selected by you. Your subscription period will begin on the date that payment is rendered. We may terminate your subscription if we are unable to process your payment. You may request termination to a subscription at any time by sending an email to firstname.lastname@example.org and providing a clear written notice of such request including your username and password. All subscription fees are non-refundable, and upon voluntary or involuntary termination, discontinuation or cancellation of a subscription for any reason, you will not receive a refund for any subscription fee previously charged or any unused portion of the subscription.
Contests, Member Rewards and Payments - We are India based but world-wide friendly
You agree that all of the following terms and conditions will apply to your participation in all types of contests on Hiya:
- Hiya Contests with the following guidelines –
- The contests can either be published by Hiya members or by Hiya.
- The nature of the Hiya Contest will be disclosed by the contest publisher.
- The exact nature of prizes (in material or non-material form) or items of value (if applicable) to be potentially won by participants in each Hiya Contest will be disclosed by the contest publisher.
- The deadline for submissions to each specific Hiya Contest will be disclosed by the contest publisher.
- Hiya will keep detailed records of each Hiya Contest for at least two years.
- The responsibility and accountability of awarding the prize lies with the Contest publisher, and Hiya is in no way responsible for it (unless it is Hiya published contest).
- It is possible that a contest is running across multiple platforms including Hiya, and hence may not result in prize being given to a participating Hiya member.
- In addition, all Hiya Contests will be disclosed by the contest publisher for each of the following:
- The amount of money, including postage and handling fees, which a participant may be asked to pay to win each of the prizes offered.
- The date(s) upon which the contest will terminate, and upon which all prize winners will be decided and selected.
- Verification of Winners and Delivery Of Prizes –
The method of selection, as well as the selection, of contest winners shall be determined by the contest publishers in its sole discretion. The Contest publisher team, deemed as resident judges/curators or any other assigned team member, can (i) select the winners of any contest, or (ii) provide a preliminary list of finalists to any guest or exterior judge/curator, or a Partner to select the winners, including the grand winner and runners up, of a specific contest, (iii) solicit votes from members of the Hiya Website and/or any members of the public and declare winners based upon the number of votes obtained, and/or (iv) determine contest winners in any manner. After judging, voting and/or any other method to select winners has finished, the potential winners will be notified in accordance with the contact information provided in their respective member submissions by mail, courier, email or other method chosen by the contest publisher, it’s Partners and/or it’s Sponsors in its their discretion. Contest publisher, any Partner, or any Sponsor reserves the right to verify winners collectively or one or more at a time, as it deems appropriate and expedient in its their discretion, and in whatever order it chooses. To be confirmed as a winner and to be awarded the prize, the winning member will be required to confirm its ownership of the copyright and any other applicable intellectual property and/or other rights to the Member Submission (“Required Confirmation”). Should a prize notification or prize addressed to a particular winning member be returned as undeliverable, Contest publisher, it’s Partner and/or it’s Sponsor will not resend the notice (whether by the same or another method), research the winning member's address nor make any further attempts at delivery. That member will be deemed to have withdrawn from the Hiya Contest and given up the member’s right to receive the prize notification or the prize. In the case that winner's member’s shipping address is located in a Country or area designated by Contest publisher, it’s Partners and/or it’s Sponsors as undeliverable, they reserve their rights to provide a cash payment sent via Paypal or other means of equal value of to the announced prize instead of the specific announced prize.
Winners will be announced after the Required Confirmation is received and the respective winners are confirmed. Contest publisher, it’s Partners and/or it’s Sponsors reserves the right to announce prize winners collectively, one at a time, or in any order or clusters as it deems appropriate in their discretion. Winners will receive their prizes as per the timelines of Contest publisher, it’s Partners and/or it’s Sponsors after the announcement of the winners. The reward and prizes and/or any other rewards are subject to change at any time without notice in the sole discretion of Contest publisher, it’s Partners and/or it’s Sponsors. Hiya is not responsible or liable for any discrepancy by the Contest publisher, it’s Partners and/or it’s Sponsors.
- Contest Entrant’s Release -
By entering the Contest, each member releases and holds harmless Contest publisher, it’s Partners and/or it’s Sponsors and any participating prize providers, as well as any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Promotion Entities"), against any and all claims, demands and liabilities arising out of or relating to the Contest, Member's (and each individual member of Member's) participation in the Contest and/or any Contest-related activity, including, without limitation, from winner's use or misuse of a prize or any portion thereof. Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest and/or use/redemption of any prize.
Terms of Sale of one’s Creative work / sample on the Hiya Website –
- Agency Appointment –
- You appoint Hiya as your agent to obtain orders from purchasers for the purchase of your creative files over the website and to fulfil those orders by sharing them or sending them to production and digital delivery of your files ('appointment') and Hiya accepts the appointment and will carry it out with regard to your interests.
- You agree that Hiya is free to act in any capacity for any other of its members in obtaining orders from the public for the purchase of their creative files over the Hiya Website, including any file that is the same as, or similar to, your products.
- The appointment is valid from the date of this Agency Agreement until termination of your member account.
- License - For the duration of the appointment, you grant Hiya a non-exclusive, royalty free, transferable, sub-licensable license to use your copyrights and/or other intellectual property rights in your photographs and/or other products for the purpose of enabling us to carry out the agency agreement appointment. You affirm, represent and warrant to Hiya that you own all copyrights and/or other intellectual property rights and other rights in and to your creative files offered for sale and that you have the full legal right to sell such creative work (files) and/or copies thereof and/or other products offered for sale on the Hiya Website.
- Sale of your creative work / files –
- The retail price charged to purchasers who purchase your product is made up of your offer price plus our (Hiya’s) margin. Hiya may also charge the customer handling charges and commission.
- You may change your desired offer price at any time for each of your creative work. We may change our margin at any time without specific notice to you and this will affect the selling value of the creative work.
- Hiya will notify you via the Hiya website and email when one of your creative file is sold.
- Payment terms –
- You authorize Hiya to collect, hold and distribute the retail price and handling fees from customers on the terms set out in this section 4.
- You authorize Hiya to deduct the margin price and the handling fee from the sales proceeds for your files before distributing your share.
- Hiya will pay to member you via PayPal or any other means, upon request by member via the Hiya Website, once a minimum margin balance of USD 20.
- Hiya will not be liable for any loss suffered by you if you provide us with incorrect details in relation to your PayPal account or other means of payment. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your offer price for up to 3 months from the payment date.
- Taxation responsibility - Each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under these Terms of Sale.
- Indemnity –
- You hereby indemnify and will keep Hiya indemnified from and against all claims, debts, accounts, expenses, costs, liens, actions and proceedings of any nature whatsoever, whether known or unknown by any person, arising from, incidental to, or by virtue of, the appointment, or any breach or non-performance of your obligations under these Terms of Sale or arising out of your wilful act, neglect or default in the performance of such obligations. Your indemnification obligation includes, but is not limited to, any claim brought by any person or entity against Hiya or any of its members, managers, officers, employees, agents or affiliates alleging copyright infringement, trademark infringement and/or violation of any intellectual property rights or other rights arising from and/or related to any actions or omissions, including, but not limited to, with respect to the copying, display, use, sale or offering for sale or sale of any photographs or other products by Hiya.
- This clause 6 will survive the termination of these Terms of Sale.
LIMITATION OF LIABILITY
Terminating Hiya’s Sale of your creative work / sample
You can give notice of termination of your authorization to Hiya to sell your creative work / file by closing your Hiya account and/or stop selling your files through Hiya's Website platform. Hiya may give notice of termination to you in writing at any time. After notice of termination, you authorize Hiya to complete any transactions in progress in relation to your files, which we will do on the terms of these Terms of Sale. Termination will take effect once these transactions have been completed.
Purchasing a Product on the Hiya Website
Members can purchase products on the Hiya website using the PayPal system or a valid credit or debit card. The price you pay is final and not negotiable. Orders may not be cancelled after it has been submitted. It is the purchaser's responsibility to ensure the file delivery address is correct. Hiya takes no responsibility for any product a customer does not receive because of errors in the delivery address (email address or physical address, etc.) given to us.
YOU AGREE THAT YOUR USE OF THE HIYA WEBSITE AND PURCHASE OF ANY GOODS AND/OR SERVICES ON THE HIYA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. HIYA, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HIYA WEBSITE, THE HIYA CONTENT, AND/OR MEMBER SUBMISSIONS, AND/OR YOUR USE THEREOF. HIYA, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PURCHASE, SALE AND/OR GIFTS OF ANY GOODS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE HIYA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S HIYA’S CONTENT, MEMBER SUBMISSIONS, AND/OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES CONTAINED THEREIN OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE HIYA WEBSITE, THE HIYA CONTENT, AND/OR MEMBER SUBMISSIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HIYA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR HIYA’S WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE HIYA WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY HIYA CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY HIYA CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HIYA WEBSITE. HIYA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HIYA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HIYA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE EXTENT ALLOWED UNDER LAW, HIYA (AND THOSE THAT HIYA WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HIYA, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE HIYA CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR THE HIYA WEBSITE, THE HIYA CONTENT, AND/OR MEMBER SUBMISSIONS, (III) THE SALE, PURCHASE AND/OR USE OF ANY GOODS OR SERVICES OBTAINED FROM HIYA AND/OR THE HIYA WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR HIYA’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR HIYA’S WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR THE HIYA WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY HIYA CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY HIYA CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE HIYA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY HIYA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HIYA SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE HIYA WEBSITE IS CONTROLLED AND OFFERED BY HIYA FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. HIYA MAKES NO REPRESENTATIONS THAT THE HIYA WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE HIYA WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS HIYA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), HIYA (AND THOSE THAT HIYA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF HIYA (AND THOSE THAT HIYA WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $500. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HIYA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HIYA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
Hiya or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Members' and/or Visitors' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Any amounts owed by either party prior to termination remain owed after termination.
Training Institute and Art Schools
Training Institute and Art Schools can create pages on our Services. As part of they can list their courses, trainers, students. If you send a general enquiry or course specific enquiry to the Art school, you will need to specify the contact details through which the Art School can communicate and respond to you and they will be able to access your identifiable information about you through profile view.
Fan & Followers
If you follow a person or organization, you will be listed among its followers, which can be viewed by others including the page owner. We use aggregate information about followers and viewers to provide data about such pages’ performance (for example, visits and updates).
Event Management companies
As part of the Hiya ecosystem, members as well as registered Event organisers can post events. If you send an enquiry for an event or interest or like or share the event, the member (who has posted the event) or the event organiser will get to know your profile details. In case of enquiry sent, they can also see the contact information that you have shared with them as part of the enquiry message.
You can share your portfolio of work by uploading your creative files in the form of document, images, audio and video files. As part of that, you can decide to share these files with friends, peers, experts, public or specific individuals. Based on this permission, other can view your creative work. Also these piece of creativity can be rated by friends, peers, experts, public or specific individuals based on permissions granted by you. Similarly, the ratings be viewed by friends, peers, experts, public or specific individuals based on permissions granted by you.
While we have taken measure to disallow downloads of these creative files by others, it may still be possible to download the files using external tool. You should therefore be careful to create appropriate measure (in the form of watermark, or selecting editing, or summarisation, etc.) to avoid copyright infringement of your creative work, at the same time enable you to market your creativity.
Show and measure ads and services
We use the information we have to improve our advertising and measurement systems so we can show you relevant ads on and off our Services and measure the effectiveness and reach of ads and services.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Hiya has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Hiya may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
Hiya “DOs” and “DON’Ts.”
Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Keep your contact information accurate and up-to-date;
- Report abuse of other’s content if applicable
- Use the Services in a professional manner.
Don'ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Hiya);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Use our copyrights or Trademarks or any confusingly similar marks, without prior written permission;
- Post anyone's identification documents or sensitive financial information on Hiya;
- Create a false identity on Hiya;
- Create more than one personal account;
- Create another account without our permission, if we disable your account;
- Use your personal homepage and uploaded file primarily for your own commercial gain;
- Use Hiya if you are below eligible age as mentioned in this document earlier;
- Use Hiya if you are a convicted sex offender;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- Create a Member profile for anyone other than yourself (a real person);
- Invite people you do not know to join your network;
- Use or attempt to use another's account;
- Harass, bully, intimidate, abuse or harm another member;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Hiya, including, without limitation, using the word “Hiya” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
- Use Hiya invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Hiya;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Post content or take any action on Hiya that infringes or violates someone else's rights or otherwise violates the law;
- Copy or use the information, content or data on Hiya in connection with a competitive service (as determined by Hiya);
- Copy, modify or create derivative works of Hiya, the Services or any related technology (except as expressly authorized by Hiya);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Hiya without our express consent;
- Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
- Sell, sponsor, or otherwise monetize a Hiya Group or any other feature of the Services, without Hiya's consent;
- Deep-link to our Services for any purpose other than to promote your profile or a Group on Hiya, without Hiya's consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
- Remove, cover or obscure any advertisement included on the Services;
- Collect, use, copy, or transfer any information obtained from Hiya without the consent of Hiya;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Access the Services except through the interfaces expressly provided by Hiya, such as its mobile applications, HiyaWorks.com;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms);
- Collect members' content or information, or otherwise access Hiya, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- Engage in unlawful multi-level marketing, such as a pyramid scheme, on Hiya;
- Upload viruses or other malicious code;
- Solicit login information or access an account belonging to someone else;
- Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- Develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions;
- Use Hiya to do anything unlawful, misleading, malicious, or discriminatory;
- Do anything that could disable, overburden, or impair the proper working or appearance of Hiya, such as a denial of service attack or interference with page rendering or other Hiya functionality;
- Facilitate or encourage any violations of this Statement or our policies.
Join in and have fun
Remember that this is your community. Each and every person on Hiya makes the site what it is, so don't be afraid to dig in and get involved.
There's a lot to see here, with lots of folks creating amazing stuff—one of them might be you! Equipment is getting cheaper and easier to use all the time, so dive in and enjoy.
Let folks know what you think. Feedback is part of the experience, and when done with respect, it can be a great way to make friends, share stories, and make your time on Hiya richer. So, leave comments, rate content, share blogs, make your own responses to content that affect you, enter contests of interest—there's a lot going on and a lot of ways to participate.
But most of all, have fun with the site! We hope you'll find something new to love as you get to know the community.