About these Terms
These Terms are a contract between you and hippih and govern your use of this Service. You may not use the Service unless you agree to abide by these Terms so it is very important that you read these Terms and any other documents referred to in these Terms very carefully.
You will signify your agreement with these Terms and to be bound by them if you do either of the following:
- By using the Service in any way, in which case you understand and agree that hippih will treat your Service use as acceptance of these Terms from the moment you first begin to access the Service.
- Click to accept or agree to these Terms where hippih offers an option to do so available to you; or
If you do not agree with any provision contained in these Terms, please do not use the Service in any way.
Important Provisions in these Terms
The Content available through the Service and the Service itself are made available to You for limited uses. We explain which uses of the Service and the Content made available on or through the Service are appropriate and which are not in the Service Use section below.
It is therefore important that you familiarise yourself with these provisions before you access the Service and that you not access the Service if you do not agree to abide by those provisions.
Legal age and capacity
You may not use the Service and may not accept these Terms if you -
- lack the legal capacity to enter into a binding contract with hippih;
- are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access this Service; and/or
- require the consent of a guardian or parent to competently agree to these Terms and have failed to obtain that consent.
By using the Service and/or the Content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these Terms.
Changes to these Terms
hippih reserves the right, in its sole discretion, to, and you agree that hippih may, amend these Terms at any time, in any way and from time to time. hippih will give notice of and publish the amended Terms through the Service. These amendments shall come into effect on the basis specified in the notice we give of the proposed changes.
It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to these Terms. If you do not agree with any amendments to these Terms, you may no longer use the Service.
Notwithstanding the subject matter of the Content provided through the Service, your reliance on the Content for any purpose whatsoever and to any extent must be on the basis set out in these Terms.
About the Service
The Service is a platform which you can use to create listings for items you find or items which you have misplaced. The idea is to crowdsource returning lost items to their owners so when you create a listing, you will have an opportunity to upload a photo of the item, a description of the item, the date on which you found or misplaced it and, where you have misplaced something, what the reward is for the item’s return to you.
The Service will not disclose your identify using your Authentication Service’s profile information on the Service Website but any personally identifiable information you disclose in your listings can be used to identify you. In the event someone responds to your listings, we will pass them your email address which you either supply us with when you register or which is associated with your Authentication Service profile (and agree may be passed to us) so they can continue the discussion around your listing directly.
We are not involved in the communications between you and other users and we never take possession of any lost items. Communications regarding lost items are conducted directly between you and the other users who respond to you. We simply provide you with a platform to list these lost and found items and it remains your responsibility to take reasonable precautions when communicating with other users.
You are required to register with us to use the Service by signing in with an Authentication Service. Depending on which Authentication Service you use, you may also required to furnish us with your email address to use as a contact email address for the purposes of your participation in the Service.
When you sign in using an Authentication Service, you will be asked to consent to that Authentication Service granting us access to your personal information held by that Authentication Service. Your consent is necessary to enable you to participate in the Service. Withholding your consent will mean you may not make use of the Service. We will process your personal information in terms of our Data Protection Policy which you should read carefully.
Making use of an Authentication Service to register to use the Service is governed by the terms and conditions governing that Authentication Service which form part of your agreement with those services.
Your account’s security is solely your responsibility and, while we will take reasonable steps to protect your personal information, you agree that –
- you are responsible for maintaining and promptly updating your personal information with us, thereby keeping it accurate, current and complete;
- you will notify us if you believe your Service account has been compromised in any way, as soon as you become aware of this; and
- if any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.
Service use restrictions
You agree to comply with all local laws, rules and regulations which govern your Service use as well as to adhere to generally acceptable Internet and e-mail etiquette. In this regard, without being limited to the examples listed below, you agree not to:
- take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything posted or transmitted through the Service;
- submit any person’s personal information to the Service without that person’s informed consent to do so;
- gather or attempt to collect personal information about External Parties without their knowledge or consent for commercial, political, charity or similar purposes;
- violate the privacy of any person or attempt to gain unauthorised access to the Service or any other network, including (without being limited to) through hacking, password mining or any other means;
- use the Service to post or transmit anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's personality rights;
- copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the Service’s source code or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing;
- use the Service in any manner which could damage, impair, overburden or disable the Service or interfere with any other user’s Service use;
- use the Service to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;
- use the Service to make fraudulent offers to sell or buy products, items or Services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters";
- use the Service in a manner that may infringe the intellectual property rights (for example copyright or trade marks) or other proprietary rights of others; and/or
- otherwise use the Service to engage in any illegal or unlawful activity.
Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:
- without notice, suspend or terminate your Service use;
- hold you liable for any costs we incur as a result of your misconduct; and/or
License to hippih
You grant hippih an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license and right to copy, commercially exploit, transmit, distribute, publicly perform and display (through all media now known or subsequently created), and make derivative works from Content posted to the Service (this includes the right to make such modifications as are technically necessary to exercise the rights in other media or formats).
Each Content item made available through the Service will be subject to a separate license which commences on the date on which the particular Content item is posted to the Service.
You warrant that you have sufficient rights in your Content either as the Content’s copyright owner or licensee (or as the authorised represent of the Content’s copyright owner or licensee) in order to grant hippih the license described above.
This warranty includes a specific warranty that, in the event you have included an External Party’s Content in your posted Content, the External Party’s Content which you have made use of is appropriately licensed to you to enable you to license it on the basis set out in this section.
You indemnify hippih and hippih’s Associates from any Losses which may arise as a result of your breach of this warranty or any Intellectual Property Rights violation which you may commit by using the Content in the context of the Service.
Licenses from hippih
You acknowledge that you do not acquire any ownership rights or rights to use any of hippih’s Intellectual Property except where these Terms explicitly permit such an acquisition of Intellectual Property Rights.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Service for the sole purpose of enabling you to use the Service, in the manner permitted by these Terms. In the event we revoke this license, you may no longer use the Service.
You may not (and you may not permit anyone else to) copy, modify, create an adaptation of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by law, or unless we have specifically told you that you may do so, in writing.
Unless we have given you specific written permission to do so, you may not transfer, through an assignment of rights, sub-licence or otherwise, your rights to use the Service or otherwise transfer any part of your rights to use the Service.
To the extent that any copying, reproduction, distribution, transmission, display, broadcasting or publishing of any Content is expressly permitted (such permission to be interpreted in its most restrictive sense) you may do so, provided that all trademarks, trade names and all copyright, ownership, proprietary and confidentiality notices as are included on the original Content are retained and displayed without alteration or modification and not in any manner obscured or removed.
You acknowledge and agree that hippih owns or has licensed all the Intellectual Property Rights in the Service.
hippih grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Service solely to enable the Service. This limited license is subject to the following restrictions which you agree to:
Except as expressly permitted by these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to:
- Run, rent, lease, loan, or sell access to the Service;
- Decompile or reverse engineer or attempt to access the source code of the software underlying the Service;
- Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any hippih Intellectual Property;
- Use the Service to build products or services using similar ideas, features, functions, interface or Content derived from the Service;
- Use any aspect of the Service by any means other than as permitted in these Terms;
- Circumvent, disable or otherwise interfere with the Service’s security related features or any other features that prevent or restrict use or copying of any Content, protect Personal Information or enforce limitations on Service use;
- Use the Service in such a way as to interfere with Service or Service use, so as to constitute a denial, including a partial denial, of service to users; or
- Delete the copyright and other Intellectual Property Rights notices posted to the Service.
Content Verification and Reporting
You acknowledge and agree that hippih is not responsible for reviewing Content posted to the Service and verifying that the Content does not infringe on any other person’s Intellectual Property Rights.
You agree that users may report any suspected Intellectual Property Rights infringement to hippih and you agree that hippih may remove your Content from the Service, either temporarily pending an appropriate review of the report submitted or permanently in the event hippih determines, in hippih’s sole discretion, that the Content concerned indeed infringes upon another person’s Intellectual Property Rights.
If you are of the view that your rights have been infringed through unlawful Service use by Users or External Parties, you may address a complaint to hippih which satisfies the following requirements and/or sets out the following information:
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by the service provider in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith;
- a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct.
Please address your notifications to:
hippih Legal Department
You can send us an email from http://hippih.com/contact
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending Content from the Service and/or taking appropriate steps against the offending User.
For information about hippih’s data protection practices, please read hippih’s Data Protection Policy which you can find at http://hippih.com/crowdsearching/data-protection.html. This policy explains how hippih treats your personal information, and protects your privacy, when you use the Service.
You agree that hippih may process your personal information in accordance with hippih’s Data Protection Policy.
Information Transmitted on the Internet
Information transmitted through Electronic Communications may be susceptible to monitoring and interception and you bear the risk of such submissions and you waive any claims you may have for any Losses you may suffer as a result information transmitted to us and which may be monitored and/or intercepted. We reserve the right to request independent verification of any information transmitted to us using Electronic Communications.
Please be aware that any unsolicited confidential or proprietary information sent to us using Electronic Communications cannot be guaranteed to remain confidential. If you need to send such information to us and are concerned about the security of this information please contact us and we will advise you of the most appropriate transmission method.
Governing Law and Jurisdiction
You irrevocably agree that the laws of Denmark shall govern your use of this Service, these Terms and the contractual relationship between you and hippih.
You further consent to the jurisdiction of the Maritime and Commercial Court in Copenhagen in respect of disputes which may arise out of your use of the Service and these Terms.
The Terms will continue to apply until either you or hippih terminates these Terms on the one or more of the grounds set out below.
You may terminate these Terms at any time by deleting your profile and ceasing your use of the Service entirely.
hippih may at any time, terminate its contract with you in the form of these Terms if:
- You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- hippih is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
- the hippih’s Service provision is or becomes, in hippih’s opinion, no longer commercially viable.
Those provisions of these Terms which are intended to survive termination of these Terms shall do so.
It is therefore important that you familiarise yourself with these provisions before you use the Service and that you not use the Service if you do not agree to abide by those provisions.
Disclaimers and Liability Limitation
Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”.
To the fullest extent permissible by law, hippih disclaims all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the Content published to the Service (or the Service itself, for that matter) is fit for any purpose other than as a reference work in respect of the Content provided on the Service Service.
While we take reasonable precautions in our operation of the service, you agree that neither hippih or hippih’s Associates shall be liable in respect of any Losses however arising and whatever the cause, in particular pursuant to and in furtherance of this Agreement, your Service use your inability to use the Service.
We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at all times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your Service use (either in part or as a whole) for any reason whatever.
You indemnify hippih and hippih’s Associates from any Losses due to or arising out of your use of the Service or your breach of these Terms.
hippih has no control over External Websites and you agree that hippih is not responsible or liable for any content, information, goods or services available on or through any External Websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such External Websites. You agree that where you use External Websites, you do so entirely at your own risk.
Your interaction, correspondence or business dealings with External Parties which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and such External Party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
Documents and Notices
We choose the addresses specified on the Service at http://hippih.com/contact for all communication purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature.
We May Monitor your Communications
You agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to or using the Service and/or to our staff and/or employees.
Nothing in this agreement shall create any relationship of agency, partnership or joint venture between you and hippih and you shall not hold yourself out as hippih’s partner or agent or as being in a joint venture with hippih.
Unless we require otherwise, electronic signatures, encryption and/or authentication are not required for our Electronic Communications to be valid;
How to Interpret These Terms
These Terms contain a number of words and phrases which have specific meanings and most of which are capitalised. The Glossary, below, contains these words and phrases.
We also apply certain rules when interpreting these Terms and our Interpretation Guide, also below, sets out these rules below.
In these Terms, headings are for convenience and we don’t intend for them to be used to interpret the Terms.
If, in the Terms, we refer to a party who is liquidated or sequestrated (or has been through a comparable process under a different legal system), then the Terms will also be applicable to and binding on that party’s liquidator or trustee, as the case may be.
Unless we indicate to the contrary in these Terms, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
When we specify any number of days in the Terms, the number of days excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or statutory public holiday in the jurisdiction which governs these Terms, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or statutory public holiday. Generally speaking, references to a “day” are references to typical business days.
All annexures, addenda and amendments to these Terms form an integral part of these Terms and, therefore, our contract with you.
- “Authentication Service” means a service (including, but not limited to, Facebook and Twitter) through which you may authenticate your identity with us and register to use the Service as well as to make use of the Service;
- “Content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which may be protected by copyright;
- “Data Protection Policy” means the policy document explaining what Personal Information is collected through iExpress, how that Personal Information is processed and under what circumstances and to whom this Personal Information may be disclosed;
- “Electronic Communication” means any text, voice, sound, image or video message sent over an electronic communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient or on the recipient’s behalf;
- “External Party” means parties other than you and hippih (“External Parties” shall have a corresponding meaning);
- “External Services” means services other than the Service and which are operated or controlled by External Parties;
- “External Websites” means websites other than the Service Website and which are operated or controlled by External Parties;
- “hippih” means hippih ApS, a company incorporated in accordance with the laws of Denmark (“our”, “we” and “us” have corresponding meanings);
- “hippih’s Associates” means hippih’s officers, servants, agents or contractors or other persons in respect of whose actions hippih may be held to be vicariously liable;
- “Intellectual Property” means all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising, marketing and promotional concepts, ideas, proposals and slogans (whether or not subject to copyright); information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts; trade secrets; and any inventions, including all processes, machines, and compositions of matter, and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon;
- “Intellectual Property Rights” means rights, whether registered or unregistered, including applications for and rights to obtain or use Intellectual Property;
- “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damage, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties);
- “post” means to upload, publish, transmit, share or store;
- “Service” means the CrowdSearching service operated on or through the Service Website or software applications which you may use to post details about lost items you have found or may claim lost items which other users have found and have posted details of which, together with other functionality which may be described on the Service Website from time to time;
- “Terms” means these terms of service, as amended from time to time;
- “use” when used in the context of -
⁃ the Service Website, means to visit or load the Service Website in a web browser, mobile phone or similar software application or device or otherwise engage with the Service Website;
⁃ Content or the Service, means to copy, download, distribute, display, view, modify, adapt, load in a web browser, mobile phone, software application or device or to otherwise engage with and/or manipulate such Content or the Service;
- “user” and “you” means, in the context of Content or the Service, anyone who registers with and/or uses the Service Website (“users” and “your” have corresponding meanings);
- “Service Website” means the Service Website located at or accessed through http://hippih.com/crowdsearching as well as other hippih domains as may be available from time to time.