THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THIS WEB SITE AND OUR SERVICES SO PLEASE TAKE THE TIME TO READ THEM.

1. Introduction

1. We provide a place to meet and interact with others and related services through our web site found at www.kohive.com. We administer the site from England and through our service providers who may or may not be based in England.
2. These terms and conditions set out our commitment to you and your commitment to us in respect of your use of the site and our services. If you wish to become a member of the site then we require you to accept these terms and conditions as part of the membership registration process. If you browse the site without becoming a member then these terms and conditions will still apply to your use.
3. We may amend these terms and conditions at any time. If we do this we will post the revised version on this page of the site and we may send members an email notifying them of the change. Unless we inform you otherwise, a change will take effect seven days after the date that we post it on this page. Your use of the site after the date a change takes effect will be subject to these terms and conditions as amended by the change. We will take your continued use as your acceptance of the change, so if an amendment is not acceptable to you then you should stop using the site and our services.

MEMBERSHIP

2. Site membership

1. To access most parts of the site and to use our services you must first register with us as a member.
2. You must be at least 13 years old to register as a member and to use the site and our services. By registering with us you represent and warrant to us that: you are at least 13 years old; you have the capacity to understand, accept and comply with these terms and conditions; and all the information you provide in the course of registering is complete, accurate and up to date.
3. As part of the registration process you will be asked to provide your email address and to select a unique password. Our acceptance or non-acceptance of your password and your membership application is completely at our discretion.
4. You must notify us promptly of any change to your membership application information or other information you provide to us (for example change of email address). If the information we hold about you is out of date this may prevent us from providing you with our full range of services.
5. Membership entitles you to use the site and our services. You may terminate your membership at any time through the settings application. We may suspend or terminate part or the whole of this entitlement or your status as a member at our discretion at any time and without notice. The most likely reason we will do this is if you are, or we think you are, in breach of these terms and conditions. The lifting of any suspension is entirely at our discretion. Your right to use the site and our services will automatically terminate on termination of your membership. On termination we will remove your profile and personal information from view.

3. Security

1. Your email address and password allow you access to and use of the members' only parts of the site and our services. You must keep your password secret at all times and not disclose it to any person.
2. You are responsible for all consequences arising from the use or misuse of your email address and password. In particular, you acknowledge and understand that instructions and actions transmitted via the site will be deemed to have originated from you if your email address and password have been used. We strongly recommend that you do not allow anyone else to use your account.
3. You must inform us immediately if you become aware or suspect that your password is known by any other person so that we can take appropriate action to prevent the misuse of such information.

USING THE SITE AND OUR SERVICES

4. Access

1. The site and our services can be accessed via your mobile network or the internet. You are responsible for providing a suitable computer or mobile device to access and use the site and our services and for any telecommunications costs you incur in connection with your use. Please note that the quality of your computer or mobile device and the quality of your connection will affect your use of the site and our services (for example, the site may seem slow if you have a poor connection).
2. You should also check that your computer has suitable protection, such as virus protection. We are not responsible for any computer virus or bug that affects your computer, mobile device or data as a result of your use of the site or our services or the downloading of any materials from the site.

5. Responsibility

1. You are responsible for all your activities whilst participating on the site and using our services. In particular, you are responsible for anything you say, publish or post.
2. Whilst the internet and what it allows people to do and see is amazing, like most things it comes with a health warning. Use your own judgment and exercise caution when evaluating what you see on the site. Remember that, even though members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal - and people may not necessarily be who they say they are.
3. You are responsible for any actions you take based on advice or information you receive online, whether via our site or any other.
4. If you arrange to meet up with another member of our site or another internet user you should tell a friend where you are going. Always meet in a public place and do not be afraid to walk away if you feel uncomfortable.
5. Some content and links on the site may not be suitable for children. If you are under 18 and want to use the site and our services then you should let your parents or guardian know. We encourage parents and guardians to join their children as they explore the site and the internet.

6. Your use of the site

1. We do not allow any illegal activities to take place on the site or using our services. You agree to use the site and our services for lawful purposes only and in a manner which is consistent with any and all applicable laws and regulations in the country in which you access the site. Your use of the site must not infringe the rights of, or restrict or inhibit the use and enjoyment of the site by, any other person.
2. Do not use the site or our services to publish, display, post, disseminate or distribute:
   (I) any inaccurate, misleading, defamatory, obscene, pornographic, abusive, offensive or unlawful material;
   (II) any material that is in breach of any intellectual property or other right of a third party;
   (III) any material which promotes or glorifies blood sports, animal cruelty, animal testing, and animal slaughter;
   (IV) software that could or is designed to harm people's computers, software or web sites.
3. Do not use the site or our services to threaten, harass, stalk or abuse any person and please refrain from expressions of racism, sexism, homophobia, hatred, bigotry or foul language. Do not promote or encourage illegal behaviour.
4. You must not use the site or our services to send unsolicited or unauthorised advertising, such as "junk mail", "spam", "chain letters" or "pyramid schemes", and you agree not to take any action that imposes an unreasonable, or disproportionately large, load on the infrastructure of the site or our services.
5. You must not pretend to be someone that you are not. In particular, you must not attempt to mislead others as to the identity of the sender or the origin of a message and you must not impersonate another member or one of our employees.

CONTENT

7. Site Content

1. Information posted on the site is either posted by us or by members of the site. We do not control and are not responsible for information posted by members.
2. Although we take pride in the site and aim to keep it up to date, please note that information we post may, at times, be incomplete, out of date or inaccurate. If you wish to rely on any information we post then we recommend that first you confirm with us that the information you wish to rely on is correct.
3. The content of the site is subject to change at any time.

8. Content that you publish

1. Do not post any material unless you are sure you have the rights in the material to grant us the licence. In particular, do not post material protected by any intellectual property right (such as music and photos) or any right of privacy unless you own those rights or have the necessary consents to enable you to grant us the licence. You agree to pay all royalties, fees and other monies owing to any person by reason of any materials posted by you on the site.
2. Although you can post materials to "hives" which allow varying levels of access rights to others, it is difficult (even with security settings limiting access) to control or monitor access to the materials you post. We therefore suggest that you view everything you post as being in the public domain and you should not post anything that you would not want the public to see or that is private or confidential.
3. Please note that whilst we promise to use your materials in a proper manner, we are not responsible for the actions of others. Remember that the internet makes it easy for others to download and copy your materials and we cannot be responsible to you for any theft or infringement of your materials by other members or anyone else.

9. Other content

You may not distribute, disseminate, show in public or create any derivative works of any materials that are not yours that you find on, or copy or download from, the site. This includes information that we post and materials posted by other members.

10. Our intellectual property

Excluding materials posted by members, we own or are licensed to use all copyright, trade marks and other intellectual property rights in and/or relating to the site and our services. You may use those intellectual property rights only to the extent that you need to to use the site and our services.

12. Removal of content

1. We reserve the right to remove or delete from the site any content that we think breaches or may breach these terms and conditions.
2. Please note that, although we reserve the right to remove or delete content from the site and to monitor content posted to the site, we do not generally monitor material provided by members. This means we are reliant upon users of the site to point out anything they find on the site that breaches these terms and conditions. If you see anything on the site that appears to infringe these terms and conditions then please let us know as soon as you can so that we can take appropriate action.
3. You may remove the content you have posted to your "hives" at any time, but please note that the content may still be found on the site in other member's "hives" if they have copied the content across. We may also keep a copy of the content on our central database, mainly for good practice purposes and to comply with our legal obligations.

12. Links

Where we provide hypertext links to other web sites or contacts we do so for information purposes only. Additionally, members may post links on the site. We do not recommend or endorse any linked sites and we are not responsible for any products, services or materials found on the linked sites. You use such links entirely at your own risk and we accept no responsibility for the content or use of such web sites or for the information contained on such sites (including any web site through which you may have gained access to the site). We reserve the right to require you to remove any link to the site that you have created and you agree to remove any such link immediately following our request. You may not frame the site without our prior written approval.

OUR COMMITMENT TO YOU

13. Our role

The main aim of the site is to provide a place for people to meet and interact with others and our services are geared towards achieving this. Whilst we encourage everyone to treat each other with mutual respect and provide basic rules on how people should use the site and our services, we are not responsible for the behaviour of members and others that use the site, whether during or outside their use of the site and our services. In particular, we are not responsible for the material that members and others post on the site and we do not generally pre-screen or monitor the material contributed by members.

14. Availability

1. Our aim is to make the site and our services available for use at all times, but we cannot, and do not, guarantee availability either generally or at any particular time. There will be times when the site and our services are unavailable. Such unavailability may be planned (for example, where we are carrying out planned maintenance or upgrades) or unplanned (for example, where there is a hardware or software failure). You acknowledge and understand that you will not be able to use the site and our services when they are unavailable. We will try to keep unavailability to a minimum, but we accept no liability for any loss or damage you may suffer as a result of the site and/or our services being unavailable.
2. We reserve the right to add, remove or change the site or any services at any time without notice or explanation and without incurring any liability to you.

15. Storage of materials

1. We store materials that you post on the site on our central database. The database is designed to be secure and to store your materials until such time as you want to delete them, but no database can guarantee 100% protection either in terms of unauthorized access or loss of or damage to materials. Whilst we offer a storage facility as part of our services, the site is not designed as the primary place for you to store materials and we are not responsible for any loss of access to, or deletion or alteration of, any materials you post on the site. In particular, if you use the site in connection with your business activities, to the extent permitted by law we are not liable to you for any loss or damage you may suffer as a result of any loss of access to, or deletion or alteration of, any materials you post on the site. If the loss or damage of any materials you post would upset or concern you then you should store those materials in at least one other place that is separate from the site.
2. We do not currently limit the amount of storage space we allocate to each of our members, but we do operate a fair usage policy which is designed to ensure that use of the site and our services is not impaired by the heavy use of storage space by one or more of our members. As part of this policy, we monitor the use of storage space by our members and, if we feel that you are a heavy user, we may, at our discretion, restrict your allocated storage space. You may not sell or license the space we allocate to you.

DISPUTES AND LIABILITY

16. Disputes

1. You are responsible for your interactions with other members and we expect members to sort out disputes between them without our help. We reserve the right to, but do not generally, monitor disputes between you and other members.
2. We try to give you the best experience we can so if you have a grievance with us please let us know and we will try to sort it out quickly and amicably.

17. Indemnity

You shall indemnify us against all costs, damages, losses and expenses we incur or suffer as a result of your failure to comply with any of your obligations under these terms and conditions.

18. Working with regulatory bodies

Our aim is to provide a site and services that is fun and legal. To facilitate this aim we will work with governmental and regulatory bodies to try and ensure that the site and our services are not used for any illegal purposes. This may include providing member content to those bodies where we suspect illegal practices are taking place or where we are asked to do so by those bodies.

19. Our liability to you

1. These terms and conditions set out in general terms what we offer you and the extent of that offering. In some cases, to avoid any misunderstanding, they also make it clear what we do not offer you. In putting these terms and conditions together our intention is not, and never will be, to try and unfairly remove from you a right that you would otherwise have if you did not agree to use the site and our services. Therefore, any exclusion or restriction of our liability set out in these terms and conditions shall only apply if and to the extent it is permitted by applicable law. In particular, any statutory rights you may have as a consumer remain unaffected by these terms and conditions.
2. If you use the site and our services in connection with your business activities then, to the extent permitted by applicable law, you agree that we shall not be liable to you for any loss of profit, revenue, contracts or goodwill that you and/or your business suffer under or in connection with these terms and conditions, the site and our services.
3. To the extent permitted by applicable law, our total aggregate liability to you under or in connection with these terms and conditions, the site and our services (whether such liability arises under any statute or in contract, tort or otherwise) shall be limited to £10.

OTHER TERMS

20. Data Protection

Your personal information is important to us. Please see our Privacy Policy for details of how we use your personal information.

21. Circumstances beyond our control

We will not be liable to you for any breach of our obligations under these terms and conditions to the extent that the breach is due to circumstances beyond our reasonable control.

22. Severability

If at any time any provision of these terms and conditions is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these terms and conditions, or the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of these terms and conditions.

23. Entire Agreement

These terms and conditions, together with the Privacy Policy, any other documents referred to in these terms and conditions and details of your membership application, contain the entire agreement and understanding between you and us in relation to the site and our services and they replace all earlier agreements, arrangements, statements and understandings with you, except for any fraud or fraudulent statement by either you or us.

24. Law

These terms and conditions are governed by and shall be construed in accordance with the laws of England and Wales.

25. Keeping these terms and conditions

We do not separately file the individual contracts entered into by members when they apply for membership. All our contracts are concluded in English. You can always access the latest version of these terms and conditions at this page. Please make a durable copy of these terms and conditions by printing and/or saving a download copy on your own computer.

26. Contacting us

To contact us please email legal@kohive.com