1.1 What these terms cover. These are our terms and conditions for use of the Free World in respect of which we will provide Services to you. There are additional Terms to cover certain Services and provisions in further detail, which will also be applicable to you (Terms).
1.2 Why you should read them. Please read these terms carefully before you use the Free World, our Services or the Network. These terms tell you how you can use the Free World, how we may change the terms, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss. We recommend that you print a copy of the Terms for future reference.
1.3 If you do not agree to these Terms or are not permitted to do so for any reason, you must not use the Free World.
2.1 These Terms refer to the following additional terms and policies, which also apply to you and your use of the Free World, the Network generally and / or the Uhive App:
|General terms and conditions (for all users)||https://www.uhive.com/legal/general-terms-and-conditions|
|Business Users policy (for businesses)||https://www.uhive.com/legal/business-users-policy/|
|Revenue generation policy (for users)||https://www.uhive.com/legal/revenue-sharing-policy/|
|Token purchase and use policy||https://www.uhive.com/legal/token_policy|
|Community Standards and Content (Civilised World) policy||https://www.uhive.com/legal/community-standards-policy/|
|End-user licence agreement||https://www.uhive.com/legal/eula-google-android/|
The following definitions and rules of interpretation apply in these terms and conditions.
3.1 Capitalised words which are used but not defined in the Free World Policy will be defined in the other Terms.
Account: a User’s account on the Network
Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.
AML Laws: all laws, regulations, and obligations imposed upon us through statute or by our regulators, to complete checks against you to verify your identity, address and source of funds (where necessary), including but not limited to legislation governing the proceeds of crime, terrorism and money laundering that are in force at the date of the Terms, when you become a Registered User of the site, as amended from time to time, including but not limited to the Money Laundering Regulations 2017 (as amended).
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Civilised World: as described in clause 5.1 of this Free World policy.
Data Protection Legislation:all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications, including, without limitation (i) any data protection legislation from time to time in force in the UK including the Data Protection Act 2018 or any successor legislation, as well as (ii) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to data protection and privacy.
Free World: as described in clause 5 of this Free World policy.
Gross Misconduct: behaviour on the Uhive App or Network which, in the reasonable opinion of Uhive, is so severe that it:
Examples of Gross Misconduct can include but not be limited to bullying or causing abuse, or being violent towards another User.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Login Details: the username, email address and secure password required in respect of a User’s membership to the Network and pursuant to its security specifications. If we implement multi-factor authentication, your personal mobile number may be considered as part of your Login Details.
Minimum Age: means 15 years old.
Network: the social networking platform owned and operated by Uhive which is accessible via the Uhive App.
Nickname: has the meaning given in clause 8.4.
Sensitive Content: has the meaning given to it in clause 11.3, and which is more particularly described (without limitation) in clause 11.9.
Sensitive Content Censoring: has the meaning given to it in clause 11.4, and which is more particularly described (without limitation) in clauses 11.5, 11.6 and 11.7.
Space: the personal profile of a User on which Users can post comments, share ideas and thoughts, and which has a specific digital location on the Network.
Uhive: Uhive Limited, a company registered in England and Wales with company registration number 11200253 and registered office at 3 Shortlands, 3rd Floor, Genie9, London, United Kingdom, W6 8DA, being the owner and operator of the Network.
Uhive App: the mobile application which features the Network and in respect of which Uhive provides the Services.
User: a person registered on the Network who has agreed to Uhive’s Terms and who has satisfied Uhive’s compliance requirements pursuant to the AML Laws. A User may also include a Business User (as defined in our general terms and conditions).
3.3 References in the Terms to “we”, “us” and “our” mean Uhive.
3.4 References to “you” and “your” mean a User of the Network.
3.5 Clause, Schedule and paragraph headings shall not affect the interpretation of these terms and conditions . References to clauses and Schedules are to the clauses and Schedules of these terms and conditions; references to paragraphs are to paragraphs of the relevant Schedule, all of which form part of these terms and conditions.
3.6 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors or permitted assigns.
3.7 Words in the singular shall include the plural and vice versa.
3.8 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
3.9 A reference to any party shall include a party to these terms and conditions and that party's personal representatives, nominees, trustees, successors or permitted assigns.
3.10 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
3.11 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3.12 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
3.13 A reference to these Terms or to any other Terms or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these terms) from time to time.
3.14 A reference to Uhive also means any holding company or a subsidiary, who may benefit from these Terms, (as the case may be) as defined in section 1159 of the Companies Act 2006 and for the purposes only of the membership requirement contained in sections 1159 (1) (b) and (c), a company shall be treated as a member of another company even if its shares in that other company are registered in the name of:
4.1 Please review our general terms and conditions for further details regarding the matters in respect of which our liability will be limited.
4.2 Whilst we will use best endeavours to monitor specific types of content to ensure it complies with this policy, we may not always be monitoring activity in the Free World in real time, so will rely on you to tell us if you find that this Free World policy is not being followed.
4.3 Any information, commentary, views, opinions figures, percentages, indications, estimations or any other material expressed or featured on the Free World which has been uploaded by Users or communicated directly between Users shall not be the responsibility of Uhive and Uhive shall assume no liability in relation to such information (including its accuracy), which is a matter for the Users making the information available in the first instance.
4.4 By virtue of allowing information or content to be available on the Free World, Uhive is not providing advice or any recommendation to any User to connect with or engage or deal with any other User or third party individual or business.
4.5 Uhive is not, by virtue of making content available on the Free World, endorsing or providing advice to you or any person in relation to any matter concerning the Free World or otherwise. Any decision to use the Free World is solely your own.
4.6 For the avoidance of doubt, although Uhive shall use its best endeavours to rectify any technical issues with the Free World, there shall be no fault or liability on the part of Uhive in respect of the same.
4.7 This clause 4 shall survive termination of these Terms.
5.1 The Civilised World is the structured world of Uhive, which you can use and navigate based on areas of interest categories. In the Civilised World, your identity and activity will be visible to the rest of the Users on the Network depending on your privacy settings.
5.2 The Free World is separate to the Civilised World and is designed to provide Users with freedom to express themselves freely.
5.3 You can switch between the Civilised World and the Free World from the ‘Settings’ tab in the Uhive App.
5.4 The key differences between the Civilised World and the Free World are:
5.5 You will be able to post and share content on your Spaces in the Free World such as your thoughts, photos and videos, but subject to compliance with the Community Standards policy https://www.uhive.com/legal/community-standards-policyand any additional Free World community standards set out in this Free World policy.
6.1 You cannot use the Free World if:
7.1 The Minimum Age for use of the Free World is 15 years old.
7.2 You will need to enter your date of birth when you first access Free World to confirm your age on a page similar to the image below.
7.3 If you are not at least 15 years old, Uhive will note this on their internal systems. Any attempts to uninstall the Uhive App and reinstall the App for the purpose of changing your date of birth to access the Free World will be monitored, and attempting to do so will be considered a breach of the Terms.
7.4 Uhive may from time to time also ask you to provide proof of identification such as a copy of your valid and up-to-date passport, national identity card or driving licence. Uhive may ask you to provide a selfie photo or selfie video showing clearly both your face and the photo identification page of any of the above requested documents.
7.5 If you have stated your age to be different than what is shown in your proof of identification documents, you will have breached the Terms and may be banned from using the Free World, and in our absolute discretion, the Civilised World and the Network and Uhive App generally.
8.1 Subject to Applicable Laws and compliance with the Terms, Uhive wants you to be free to express yourself how you want.
8.2 Uhive is aware that some Users may not want their identity in the Free World to be linked to their Account in the Civilised World. We have therefore created the Free World to allow you to maintain your privacy from other Users in the Free World.
8.3 Upon your acceptance of the Free World policy and the Network’s other Terms (as cited in clause 2), you will be able to create a Nickname (i.e. username) which you can use in Free World only.
8.4 Unless you actively choose to associate your Nickname with your Account in the Civilised World, your Nickname:
8.6 You will need to register with the Network, create Login Details and comply with clause 8 of the general terms and conditions if you have not done so prior to accessing the Free World.
8.7 Uhive may vary the registration process for Free World in accordance with any of its business or technical requirements or to comply with any Applicable Laws including AML Laws.
8.8 You will not be required to provide a personal profile picture for Free World and, subject to clause 8.9, may use any other image to identify yourself.
8.9 Notwithstanding clause 8.8, you may not use or upload the profile picture of any other User or otherwise any individual (whether or not they use the Network) as your personal profile picture in the Free World.
8.10 Uhive shall reserve the right to suspend your access to the Free World where it suspects that the person using the Nickname is not the User or authorised by the User to do so or where Uhive suspects illegal or fraudulent activity or unauthorised use.
9.1 You will be able to create a Spaces in the Free World after you have confirmed your age, accepted this Free World policy and chosen an available Nickname.
9.2 Your activity in the Free World, such as (but not limited to) the creation of Spaces, any posts you share, any in-app messaging content shall be separate to your activity in the Civilised World.
9.4 You will be able to post and share content on your Spaces in the Free World such as your thoughts, photos and videos, but subject to compliance with the Community Standards policy ( https://www.uhive.com/legal/community-standards-policy) and any additional Free World community standards set out in this Free World policy.
10.1 Users cannot:
(a) breach privacy:
(e) impersonate others:
(f) be deceptive or misleading:
(g) promote hate speech or discriminate:
(h) infringe the Intellectual Property Rights of third parties;
(i) commit an act of Gross Misconduct;
(j) distribute spam:
(k) cannot show to be promoting activities, products or services which are illegal in the United Kingdom;
(l) relate to the illegal distribution of digital content or software;
(m) distribute viruses, malware or any software which can harm or interrupt other Users’ data or devices;
(n) post or share content which:
10.2 In some instances, the prohibited content in clause 10.1(n) may be permitted for the purpose of debate and discussion in the context of education, science, medicine or professional art.
10.3 Uhive shall use its sole discretion in determining whether a User’s activity in the Free World the Network falls under clause 10.1(n) or clause 10.2.
11.1 Uhive promotes our Users’ right to express themselves and to exercise their rights to freedom of speech, but we also want our Network to be a place where all types of Users feel comfortable to engage in.
11.2 In light of this, we have defined what we consider to be Sensitive Content and the purpose of this clause in the Free World policy is to outline how Sensitive Content should be approached in the Free World.
11.3 Sensitive Content is content, which in Uhive’s sole opinion:
(a) features adult content, including video or images;
(b) features hate speech or hateful imagery;
(c) is excessively and graphically violent or gory; or
(d) any other content which Uhive from time to time considers to be Sensitive Content.
11.4 In order to provide all Users with the best experience in the Free World, Uhive will implement Sensitive Content Censoring to allow Users who wish to post, share or interact with Sensitive Content the ability to do so, whilst respective Users in the Free World who may not wish to see Sensitive Content.
11.5 The Sensitive Content Censoring feature will effectively blur Sensitive Content as a warning sign to Users who may interact with it and provide them with a warning before being shown the Sensitive Content.
11.6 Sensitive Content Censoring will not apply automatically towards Sensitive Content and Users posting Sensitive Content will need to choose this option themselves when posting or sharing.
11.7 Users must note that Spaces in the Free World which feature Sensitive Content may have the following disclaimer shown at the forefront of the Space: “Please note that this Space features Sensitive Content. Uhive respects the right of each User to express themselves, but also wants every User to feel comfortable on the Network. Sensitive Content has been marked accordingly and will be blurred unless you choose to view it.”
11.8 The description or examples of Sensitive Content set out in this clause 11 are separate from the prohibited types of content set out in clause 10.1. For the avoidance of doubt, the Sensitive Content Censoring feature cannot be used to post or share content which is listed in clause 10.1.
11.9 Examples of what could be considered Sensitive Content is featured as follows:
(a) Graphic violence or gore, including but not limited to:
(b) Adult content:
(c) Violent or non-consensual sexual conduct:
(d) Hateful speech or imagery:
11.10 The Sensitive Content described in this 11 must always feature Sensitive Content Censoring by the User who has uploaded it, even if the Sensitive Content is posted or shared for the purpose of debate and discussion in the context of education, science, medicine or professional art.
11.11 Uhive shall use its sole discretion in determining whether content in the Free World is Sensitive Content.
12.1 If you come across any content or post in the Free World which you believe violates this Free World policy or our Community Standards policy, you can choose to report the post.
12.2 If any post or content has been reported as breaching our Terms, we will review the same internally and make a decision as to the next steps with regards the subject post or content, which is based on the best outcome for Users of the Free World as a whole.
13.1 Without affecting any other right or remedy available to it, Uhive may terminate these Terms, including your access to the Uhive App, the Grey World and the Network, with immediate effect by giving written notice to you if:
13.2 If Uhive discovers any breach of the Free World policy by you or you commit an act under clause 10 , we may:
14.1 On termination of the Terms, the following clauses shall continue in force: clause 3 , clause 4 and clause 13.2 to clause 18.
14.2 Termination of the Terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including Uhive’s right to claim damages in respect of any breach of the Terms which existed at or before the date of termination.
16.1 The parties agree that any Intellectual Property Rights owned by us or you before the date of these terms and conditions or developed by either of us during the term of these Terms shall remain the property of that party.
17.1 In performing our respective obligations under these Terms, you and we both agree to comply with the Applicable Laws and each of us will inform the other party as soon as either of us becomes aware of any breaches by the other party of, or changes in, the Applicable Laws which affects the subject matter of the Terms.
18.1 Changes to the terms. Uhive may need to amend the Terms to reflect changes in any Applicable Laws, best practice, to deal with additional Services provided by Uhive or for any other reason deemed appropriate and reasonable by Uhive. Uhive will notify you at least 20 Business Days in advance of any changes to the Terms by sending an email with details of the changes or notifying you of the change when you next access the Network.
18.2 Assignment and other dealings. These Terms are personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.
18.3 Waiver. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.4 Severance. If any provision or part-provision of the Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms. If one party gives notice to the other of the possibility that any provision or part-provision of the Terms is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
18.6 Third party rights. No one other than a party to these Terms shall have any right to enforce any of its terms.
18.7 Governing law. These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non- contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).