UHIVE Legal Section

1. These terms

1.1 What these terms cover. This is Uhive’s community standards and content policy which sets out the do’s and don’ts of Users’ participation on the Civilised World of the Network. There are additional Terms to cover certain Services and aspects of the Network 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 our Services or the Network. This policy explains the values promoted by the Network and types of content that Users can and cannot create, post or share on the Civilised World, including the potential consequences of breaching this policy and what to do if there is a problem in relation to this policy.

 

1.3 Whilst we will use best endeavours to monitor specific types of content to ensure it complies with this policy, we will not be monitoring all the activity on the Network, so will rely on you to tell us if you find that this community standards policy is not being followed.

 

1.4 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.

 

1.5 If you do not agree to these Terms or are not permitted to do so for any reason, you must not use the Network or the Uhive App.

2. Interpretation

The following definitions and rules of interpretation apply in these terms and conditions.

 

2.1 Definitions:

Account: a User’s account on the Network.

 

Applicable Laws: all applicable laws, statutes, regulations and codes from time to time in force.

 

Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

 

Civilised World: the structured world of the Network, in which:

(a) Users can navigate based on fields of interest categories;
(b) Users’ identity and activity is visible to the other Users on the Network, but subject to privacy settings; and
(c) there may be a limit to the number of Spaces a User can create in the Civilised World.

 

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.

 

Dispute Notice: as described in clause 24.1(a) of these Terms.

 

Grey World: the unstructured world of the Network, in which:

(a) the identity of a User will be anonymous (this means that only Uhive will be aware of a User’s identity as it will be linked to his or her account, but the User will be anonymous to other Users);
(b) there is no limit to the number of Spaces a User can create in the Grey World; and
(c) there will be 3 modes of privacy.

 

Gross Misconduct: behaviour on the Uhive App or Network which, in the reasonable opinion of Uhive, is so severe that it:

(a) causes harm to the business of Uhive;
(b) causes harm to any Users of the Uhive App and the Network; or
(c) causes disrepute to Uhive and / or the Network.

Examples of Gross Misconduct can include but not be limited to bullying or causing abuse, or being violent towards another User.

 

Fiat currency: currency that a government considers to be legal tender for any products or services, which is regulated by a central bank. Examples of such currencies include the US Dollar ($), the British Pound Sterling (£), the Euro (€), etc.

 

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.

 

Network: the social networking platform owned and operated by Uhive which is accessible via the Uhive App.

 

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.

 

Tokens: a Token is a unit of value registered on the blockchain network used by Uhive, and which can be purchased on the Network for the purpose of utilising the Services. Further details on what Tokens are and how they work are set out in the Token policy which can be viewed here: https://www.uhive.com/legal/token-policy.

 

Terms: these general terms and conditions, our cookie policy, privacy policy, website terms of use, end-user licence agreement, KYC policy, token policies, revenue generation policies etc. more particularly described in clause 3.1 and all terms and conditions of Uhive published on its website, the Network and / or the App as updated from time to time (or any part thereof).

 

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.

 

2.2 References in the Terms to “we”, “us” and “our” mean Uhive.

 

2.3 References to “you” and “your” mean a User of the Network.

 

2.4 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.

 

2.5 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.

 

2.6 Words in the singular shall include the plural and vice versa.

 

2.7 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

 

2.8 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.

 

2.9 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.

 

2.10 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.

 

2.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.

 

2.12 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.

 

2.13 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:

(a) Another person (or its nominee), by way of security or in connection with the taking of security; or
(b) Its nominee.
3. Additional Terms that are applicable

3.1 These Terms refer to the following additional terms and policies,
which also apply to you and your use of the Network and / or Uhive App:

 

Service Web address of terms of use
General terms and conditions 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/
Community Standards (Civilised and Grey World) policy https://www.uhive.com/legal/community-standards-policy/
KYC policy https://www.uhive.com/legal/kyc-policy/
Privacy policy https://www.uhive.com/legal/privacy-policy/
Cookie policy https://www.uhive.com/legal/cookie-policy/
End-user licence agreement https://www.uhive.com/legal/eula-apple-ios/
Terms of use https://www.uhive.com/legal/terms-of-use/
4. What can users do on the network?

 

4.1 Users may post, create or share all type of content that:

(a) complies with this policy; and
(b) does not breach the Intellectual Property Rights of any User or third party.
5. What cannot users do on the network?

 

5.1 Users cannot:

(a) breach privacy:

(i) post other Users’ personally identifiable information (as defined in Data Protection Legislation) or confidential information such as (but not limited to) a User’s full name, address, date of birth, email address, contact number, etc., without the relevant User’s prior written consent;
(ii) post photos or videos of other Users without their written consent to do so;

(b) insult or attack: insult or initiate personal attacks (verbal, written or otherwise) on other Users;
(c) promote crime or criminal behaviour: promote violence, theft or fraud or any type of criminal activity;
(d) promote self-harm or suicide: create or share content that promotes suicide or self-harm (NB: sharing of experience or drawing attention to particular issues is permitted, but not any content that victimises or targets other Users);
(e) promote or sale regulated or illegal goods or services: promote, advertise or sell any goods or services which are regulated (e.g. prescription drugs, etc.) or illegal (e.g. illegal drugs, weapons, ammunition, etc.);
(f) impersonate others:

(i) use another User’s Account or their Login Details;
(ii) create an Account or Space on behalf of another User;
(iii) impersonate other Users or any individual or organisation other than yourself, for example by using someone else’s name, image or other personal information;
(iv) pretend to be another User, individual or organisation or deceive others on the Network into thinking you are someone else;
(v) represent yourself as being associated with a business or organisation if you are not;

(g) be deceptive or misleading:

(i) provide misleading information about yourself;
(ii) share or post false news;
(iii) share or post content which is, or is intended to be, deceptive, misleading, fraudulent or which contains information which cannot be substantiated with facts in their posts;

(h) promote hate speech or discriminate:

(i) promote or provoke hate speech, discrimination or violence against any individual, organisation, race, religion, ethnicity, gender, age or sexual orientation, nationality, political or religious affiliation or physical or medical condition;
(ii) insult or attack any person because of their race, religion, ethnicity gender, age sexual orientation, nationality, political or religious affiliation or physical or medical condition;
(iii) promote hate groups in any way;

(i) infringe the Intellectual Property Rights of third parties;
(j) commit an act of Gross Misconduct;
(k) distribute spam:

(i) post or share content which could be considered spam such as (but not limited to) posting unsolicited commercial or promotional content on other Users’ Spaces;
(ii) redirect Users to external websites or landing pages that do not relate to the post or headline clicked by the User on the Network;
(iii) redirects Users to a non-functional website or landing page;

(l) cannot show to be promoting activities, products or services which are illegal, whether it is in the United Kingdom or any other jurisdiction in which the User is based;
(m) relate to the illegal distribution of digital content or software;
(n) distribute viruses, malware or any software which can harm or interrupt other Users’ data or devices;
(o) post or share content which:

(i) relates to the sexual exploitation of children;
(ii) threatens sexual assault or sexual violence against any person;
(iii) promotes terrorism in any manner or features terrorist activity or is intended to recruit for terrorist groups;
(iv) features children without first having received the prior written consent of the child’s parent or legal guardian;
(v) relates to the sale of weapons, ammunition, fireworks or explosives;
(vi) relates to prescription or recreational drugs;
(vii) relates to tobacco, tobacco products or related equipment;
(viii) relates to financial schemes, pyramid schemes or any financial arrangements or investment opportunities which are not permitted under the Applicable Laws;
(ix) relates to activities relating to escort services, prostitution, pornography.

5.2 In some instances, the prohibited content in clause 5.1(n) may be permitted for the purpose of debate and discussion in the context of education, science, medicine or professional art.

 

5.3 Uhive shall use its reasonable discretion in determining whether a User’s activity on the Network falls under clause 5.1(n) or clause 5.2.

6. What should users do on the network?

 

6.1 This clause should be considered a guideline for how Users should behave on the Network.

 

6.2 If you do not follow the guidelines in this clause, you could face consequences pursuant to clause 8.2. Depending on the severity of your actions, Uhive may contact you to discuss taking action against you pursuant to clause 8.3.

 

6.3 Users should:

(a) Post in the relevant area: post, create or share content in the most appropriate field of interest possible. For example, if you have a Space in the ‘Music’ field of interest and another Space in the ‘Technology’ field of interest, any content you wish to share relating to a new mobile phone should be posted in your technology Space.
(b) Read before you like or comment: actually read posts, articles or any other content before liking, disliking or commenting on it. Users should refrain from liking, disliking or commenting on an article simply based on its title.
(c) Be respectful: be honest and respectful in expressing your views and opinions on the Network generally and when communicating with other Users.
(d) Act in good faith: act in good faith towards Uhive and other Users when using the Network.
7. What should not users do on the network?

 

7.1 This clause should be considered a guideline for how Users should behave on the Network.

 

7.2 If you do not follow the guidelines in this clause, you could face consequences pursuant to clause 8.2. Depending on the severity of your actions, Uhive may contact you to discuss taking action against you pursuant to clause 8.3.

 

7.3 Users should not:

(a) report posts or content simply because he or she does not like them;
(b) request likes, dislikes, follows or comments on their Space or any of their posts in exchange for awarding gifts, prizes or Tokens to other Users;
(c) like, dislike follow or comment on a Space or on a post because another User has offered a gift, prize or Tokens in exchange for doing so;
(d) be discourteous: bully, harass or target other Users with an intent to demean them;
(e) post or share content which:

(i) relates to the promotion or opposition of political campaigns or a social or economic agenda;
(ii) relates to generating a negative self-perception in relation to the promotion of health related, diet or weight-loss products;
(iii) features nudity or overtly explicit or sexual imagery.
8. What you should do if there is a breach of this policy

 

8.1 If you notice that a User or his or her content is breaching this policy, you should report the same to Uhive in writing.

 

8.2 Uhive will consider what action to take in line with this policy, but is under no obligation to take any specific action against a User.

 

8.3 Please note that although Uhive may monitor certain data in real time on the Network to protect our legitimate interests and for quality assurance purposes, we have no obligation to do so. We do not intend, nor do we have any obligation, to resolve disputes between Users.

9. What is grey world?

 

9.1 The Grey World will have a different set of rules to the Civilised World. The Community Standard Policy applicable to the Grey World will be available separately once the Grey World has been developed further on the Network.

10. Consequences of failing to follow this policy

 

10.1 The consequences for failing to follow this policy will depend on the actions and circumstances specific to the User concerned.

 

10.2 Generally, failure to follow this policy can have the following consequences:

(a) offending content can be disliked by other Users;
(b) you may lose followers on your Space;
(c) you may gain a negative reputation on the Network which could impact any future likes, dislikes, follows or comments you receive on your Space and posts;
(d) the relevant post or content may reported by other Users; or
(e) Uhive may take the actions set out in clause 8.3.

 

10.3 If a User breaches this policy or fails to follow the guidelines set out therein, Uhive may in its reasonable discretion:

(a) delete the offending content;
(b) suspend the relevant User’s Account for such period as Uhive deems appropriate;
(c) limit the features on a User’s Account for such period as Uhive deems appropriate;
(d) block a User’s access to his or her Tokens for such period as Uhive deems appropriate and / or hold your Tokens in a separate wallet on trust until we determine, in our reasonable discretion, whether or not to return the Tokens or delete them;
(e) depending on the severity of the offending content, activity or behaviour:

(i) cease providing the Services;
(ii) terminate the Terms between us and you;
(iii) immediately suspend or terminate your Account and remove and delete your Space(s) including any content from the Uhive App and the Network.

 

10.4 Without affecting any other right or remedy available to it, Uhive may terminate these Terms, including your access to the Uhive App and the Network in accordance with clause 10.3(e), with immediate effect by giving written notice to you if:

(a) you commit a breach of the Terms, which breach is irremediable or (if such breach is remediable) you fail to remedy that breach within a period of 2 Business Days after being notified to do so;
(b) you repeatedly breach the Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to comply with the Terms;
(c) we are notified that you have committed an act of Gross Misconduct; or
(d) you are convicted of a criminal offence.
11. Consequences of termination

 

11.1 On termination of the Terms, the following clauses shall continue in force: clause 2, and clause 11 to clause 16.

 

11.2 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.

12. Intellectual property rights

 

12.1 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.

13. Compliance with laws and policies

 

13.1 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.

14. Commencement and duration

 

The Terms shall commence on the date you download the Uhive App and shall continue indefinitely unless you delete your Account or the Uhive App or unless terminated in accordance with clause 10.4.

15. Dispute resolution

 

15.1 If any dispute arises regarding any obligation of either party pursuant to the Terms:

 

(a) either party shall give to the other written notice of the dispute, setting out its nature and full particulars, together with relevant supporting documents;
(b) on service of the Dispute Notice, the parties shall attempt in good faith to resolve the dispute;
(c) if for any reason the parties are unable to resolve the dispute within 20 Business Days from the date of the Dispute Notice, the parties agree to enter into mediation in good faith to settle the dispute in accordance with the CEDR Model Mediation Procedure, in which case the decision of the mediator shall be final and binding; and
(d) no party may commence any court proceedings in relation to the whole or part of the dispute until completion of mediation or written agreement by both parties that the dispute cannot be resolved by mediation, provided that the right to issue proceedings is not prejudiced by a delay.
16. General

 

16.1 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.

 

16.2 No partnership or agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you or us, constitute either you or us as the agent of the other party, or authorise you or us to make or enter into any commitments for or on behalf of any other party. You confirm you are acting on your own behalf and not for the benefit of any other person.

 

16.3 Entire agreement. The Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, relating to its subject matter. You acknowledge that in entering into the Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Terms. Nothing in this clause shall limit or exclude any liability for fraud.

 

16.4 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.

 

16.5 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.

 

16.6 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.

 

16.7 Notices

(a) Any notice or other communication given to a party under or in connection with the Terms shall be in writing and shall be:

(i) sent by email to that party’s main email address or any relevant email address of Uhive provided in the Terms; or
(ii) sent as a notification or message via the Uhive App or on the Network’s website;

(b) Any notice or communication shall be deemed to have been received:

(i) if sent by e-mail, at the moment of transmission provided the email is accompanied by a delivery receipt; and
(ii) if sent by a notification or message via the Network, at the moment a notification via the Uhive App is received on the party’s device (if via the Uhive App);

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

16.8 Third party rights. No one other than a party to these Terms shall have any right to enforce any of its terms.

 

16.9 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.

 

16.10 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).



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