These Terms of Service (“Terms”) constitute a legally binding agreement between you and Company (as defined below) governing your access to and use of the Company’s website (Hive3.ai), including any subdomains thereof, and any other websites through which makes the services available (collectively, “Website”)
When these Terms mention “Company,” “we,” “us,” or “our,” it refers to Forum3 Inc., a Delaware corporation, and the company you are contracting with under these Terms.
By accessing and using the Website and/or by selecting “I agree to the Terms of Service” (or similar language) when creating an account or submitting User Content for a Competition, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you are not authorized to use the Website or participate in any Competitions.
You must be of legal age, at least 18 years old, to access or use this Website. By accessing or using the Website, you represent and warrant that you have reached the legal age of majority in your jurisdiction and possess the authority to enter into legally binding contracts.
You agree to use the Website only for lawful purposes and in accordance with these Terms.
In connection with your use of the Website, you are strictly prohibited and must not assist or enable others to:
use the Website or Content (defined below) for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with Company, and/or its licensors or authorizing third parties, or otherwise misleads others as to your affiliation with Company, and/or its licensors or authorizing third parties;
use the Website in connection with the distribution of unsolicited commercial messages (“Spam”), discriminate against or harass anyone, or otherwise engage in any abusive, disruptive, or harmful behavior;
dilute, tarnish, or otherwise harm the brand of Company, its licensors, or authorizing third parties in any way, including but not limited to unauthorized use of the trademarks, logos, or other intellectual property of Company, its licensors, or authorizing third parties;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company, including but not limited to any security or access control mechanisms;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise tamper with any of the software used to provide the Website;
take any action that damages, disrupts, or adversely affects, or could potentially damage, disrupt, or adversely affect the performance, security, or proper functioning of the Website;
violate or infringe anyone else’s rights, including but not limited to intellectual property rights, privacy rights, and rights of publicity, or otherwise cause harm to anyone.
You acknowledge and agree that Company may, but is not obligated to, provide you with support or maintenance in connection with the Website.
The content, design, and other elements of the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are protected by intellectual property laws and are the exclusive property of Company.
You may not reproduce, distribute, modify, reverse assemble or otherwise attempt to discover any source code, or create derivative works based on this Website without explicit written permission from Company.
Any rights not expressly granted herein are reserved by Company.
You must provide accurate, current, and complete details regarding your account and the Content (defined below) you submit on the Website, including but not limited to information about the creative tools and AI prompts used in the Content creation process.
We reserve the right to decline account creation, suspend or close existing accounts, or take any other appropriate action in our sole discretion. This can happen for any reason, including but not limited to fraud, intellectual property infringement, violation of third-party rights (including privacy or publicity), submission of offensive, violent, or defamatory Content, breach of these Terms or other agreements you have with us, or for administrative purposes.
Company may, at its sole discretion, enable you to (i) create, upload, post, send, receive, and store content, such as text, photos, audio, video, or other materials and information on or through the Website (“User Content”); and (ii) access, view, and use User Content and any content that Company itself makes available on or through the Website, including proprietary Content and any content licensed or authorized for use by or through Company from a third party (“Brand Content” and together with User Content, “Content”), subject to these Terms and any other applicable terms and conditions.
The Website and Content, in its entirety or in part, are protected by copyright, trademark, and/or other laws of the United States and other countries.
You acknowledge and agree that the Website and Brand Content, including all associated intellectual property rights, are the exclusive property of Company, its licensors, or authorizing third parties.
You will not remove, alter, obscure, or otherwise tamper with any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content.
All trademarks, service marks, logos, trade names, and any other source identifiers of Company used on or in connection with the Website and Content, whether or not appearing with the trademark symbol, or in capital letters, are trademarks or registered trademarks of Company in the United States and other countries.
Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website and/or Content are used for identification purposes only and may be the property of their respective owners.
No licenses or rights are granted to you by implication, estoppel, or otherwise under any intellectual property rights owned or controlled by Company, its licensors, or authorizing third parties, except for the licenses and rights expressly granted in these Terms.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Content on or through the Website, you grant Company a non-exclusive, royalty-free, irrevocable, perpetual, and worldwide license to use, learn from, modify, publish, and display your User Content.
You always retain your preexisting ownership in and to your User Content to the extent permitted by law, and Company does not claim any ownership rights in any User Content except as expressly granted in these Terms. Nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content other than the rights expressly granted in these Terms.
You represent and warrant that:
You are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights outlined in these Terms.
Any Content you submit complies with applicable laws and does not infringe upon the rights of third parties.
You will not submit Prohibited Content, which encompasses material that includes the following:
Abusive, deceptive, or inappropriate content, including obscenity and hate speech.
Discriminatory or offensive content, such as racism or homophobia.
Promotion of bullying, harassment, or doxing.
Unauthorized use of copyrighted material.
Violation of others‘ rights, including intellectual property rights and privacy.
Malicious content like spam, viruses, or other harmful code.
Incitement of illegal activities or arguments, or any violations of the law.
Non-constructive criticism or content that fosters hostility.
Content that harms or advocates harm, including gore.
Company has the right to refuse to accept your Content for any reason or no reason at all.
Because of the uncertainty associated with Content generated in whole or in part by an artificial intelligence (AI) content generator or like AI tool (“AI-Generated Content”), Company can block, delete, or otherwise remove any AI-Generated Content for any reason whatsoever, or no reason at all, in Company’s sole discretion without notice or liability to you.
Use of any third-party services in relation to the creation of User Content is at your sole risk. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information (including but not limited to links to third-party websites) made available through the Website.
You may request that Company remove User Content you previously submitted by writing to the following email address: firstname.lastname@example.org. Once Company receives your request in accordance with this provision, Company shall have 90 days to remove your User Content from the active portions of the Website.
We might keep copies of your User Content. However, Company isn’t a data storage firm and isn’t accountable for preserving your Content. You acknowledge that Company won’t be held liable if your Content is deleted. You bear the sole responsibility for backing up your Content in a separate and secure location.
Company respects copyright law and expects its users to do the same. If you believe that any Content on the Website infringes copyrights you own or owned by a third party, please notify us promptly.
As decided solely by Company, we may invite users to submit original images, videos, or other types of Content based on specific criteria defined by the Company for which the Company will identify a winner and prizes may be awarded (a “Competition” or “Challenge”). No purchase or payment of any kind is necessary to enter or win. The Company reserves the right to cancel, modify, or suspend any competition at any time, for any reason, in its sole discretion.
In order to participate, you must not be a resident of any location where the Competition is prohibited or restricted by law.
Company holds authority over all aspects and specifics of Competitions, including but not limited to who can participate, the timeline, the scope and requirements, and the prize amount, if applicable, for the one or more winning User Content entries.
Company will select the winner(s) using a method of our choice. If you partake in the Competition, you agree not to challenge or contest the outcome in any way.
To enter a Competition, you must follow the instructions provided on the Competition page of the Website for that specific Competition. The instructions will specify the format and content of the submission required for entry, the timeline on which entries may be submitted (“Entry Period”), a description of the prizes (if applicable), how and when winners will be determined, and the name of any sponsor(s) for the Competition (if applicable). Any entries not conforming to the specified format may be disqualified. Entries received before or after the Entry Period will not be considered.
Brand Sponsored Competitions. In the event of a competition where prize(s) will be awarded for winning User Content entries (each, a “Brand Sponsored Competition”), the following additional terms apply:
For the limited purposes of a Brand Sponsored Competition, you may receive a limited, non-exclusive, non-transferable license to use certain Brand Content of a third party, including but not limited to trademarks, service marks, logos, trade names and other proprietary designations (“Competition Sponsor IP”). Your use of Competition Sponsor IP is limited to your creation of User Content that you submit in the Brand Sponsored Competition in accordance with the scope and requirements set forth on the Competition page of the Website for that specific Competition. All other uses are expressly prohibited. Upon the conclusion of the Entry Period, this limited license and your rights to utilize any Competition Sponsor IP shall be deemed terminated unless expressly extended in a written agreement by Forum3 Inc. or the party to whom the property or right belongs.
Prizes must be collected as per the instructions provided to the winners. The failure to timely collect your prize may result in forfeiture of the prize but does not relieve you of your obligations to the Company, and all rights of the Company related to your winning User Content remain unaffected.
By entering a Brand Sponsored Competition and being declared a winner, you hereby assign and transfer to the Company (or as directed by the Company in its sole discretion to a third party), without further consideration, all rights, title, and interest, including all intellectual property rights, in and to the winning User Content entry. You agree to execute any additional documents necessary to effectuate this assignment. You further warrant that you have the authority to assign these rights and that the User Content entry is your original work, does not infringe upon any third-party rights, and that no other party has any right, title, claim, or interest to the User Content entry.
Company does not warrant the accuracy, completeness, or reliability of the content on the Website.
If you choose to use the Website or Content, you do so voluntarily and at your sole risk. The Website and Content is provided “as is”, and Company disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree that you have had whatever opportunity you deem necessary to investigate the laws, rules, or regulations that may be applicable to your use of the Website and that you are not relying upon any statement of law or fact made by Company relating to such use.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website and Content or any other interaction you have with other users remains with you.
Company and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Website or Content, to the extent permitted by applicable law.
In no event will the Company’s aggregate liability arising out of your use or inability to use the Website and Content exceed the amounts you have paid or owe for use of the Website in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars ($100 USD), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
You agree to release, defend (at Company’s option), indemnify and hold harmless Company from any claims, liabilities, damages, or expenses arising from your use of the Website and Content.
Company reserves the right to modify or terminate the Website and these Terms at any time without notice. Your continued access to or use of the Website will constitute acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without regard to its conflict of law principles.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing us at email@example.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Our Discord is dedicated to facilitating confidential and fruitful conversations. The Hive3 Discord server functions as a crowdsourcing platform, tapping into the collective wisdom of this community to fuel our projects. By joining and participating in this community, you acknowledge and consent that any ideas, inputs, outputs, or discussions generated within this Discord may be considered Feedback for use by the Company.
If you have any questions about these Terms, you can contact us at firstname.lastname@example.org.