Terms of Service

By using any of the software or web sites (“Service”), which includes all services of Hike Social Apps UG (“Hike”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Hike reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Service or any policy governing the Service at any time by posting the new agreement to the Service site located at: http://www.wearehike.com/terms. You are responsible for regularly reviewing the site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Service will constitute your acceptance of such change(s).

Violation of any of the terms below will result in the termination of your Account. While Hike prohibits such conduct and Content on the Service, you understand and agree that Hike cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

You can review the most current version of the Terms of Service at any time at: http://www.wearehike.com/terms

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the payment process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. All authorized administrators of a Facebook Fan page will have access to application editing controls.
5. You are responsible for maintaining the security of your account and password. Hike cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. If you are using a free account you are not permitted to block ads or links.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
9. With respect to any Content you post, create, publish or link to using the Service, you shall not: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable; (b) upload, post, email, transmit or otherwise make available any Content that you do not have a lawful, legal right to make available; (c) make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (d) make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose; and (e) access content or data not intended for you, or log onto a server or account that you are not authorized to access.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid PayPal account or a credit card is required for all paying accounts.
2. The Service is billed in advance on a quarterly or annual basis when you use PayPal. The Service is billed in advance on a monthly basis if you use a credit card. The service is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hike does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by submitting a cancellation request in a support ticket with instructions to cancel your account. The time and date of the cancellation request will be what determines your termination date.
2. All of your Content might be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. You will not be provided any refund for unused time in your Service period.
4. Hike, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Hike service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Hike reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. Hike reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the the Hike Site (www.wearehike.com) or on the Service itself.
3. Hike shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
2. The look and feel of the Service is copyright © 2012 Hike Social Apps UG. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Hike.

Compliance with Laws and Regulations

Hike does not exercise editorial control or review over the Content or any Hike App you configure, publish and/or post using the Service (each a “Client App”) or of any website, e-mail transmission, newsgroup, or other material created or accessible over or through any Client App. If at any time Hike chooses, in its sole discretion, to monitor your Content or any Client App, Hike nonetheless assumes no responsibility for its content, no obligation to modify or remove any inappropriate Content or Client App. Hike reserves the right to immediately suspend or remove any Client App or Content if such Client App or Content is in violation of this Agreement.

You hereby represent and warrant that (a) you have provided all appropriate rules, terms, conditions, privacy policies that govern the use of each Client App and Content by users of such Client App and Content, as determined in your sole judgment and responsibility; and (b) all Client Apps and your Content comply with all applicable laws, rules, and regulations in all jurisdictions where such Client Apps and Content are available; and (c) all Client Apps and your Content comply with all applicable Platform Terms. You agree to indemnify, defend and hold harmless Hike and its affiliates and their respective officers, directors, employees, consultants and agents from any and all third-party claims, losses, liability, damages and/or costs (including attorneys’ fees and costs) arising from your use of the Service, your violation of this Agreement, your actual or alleged violation of any law, rule, or regulation associated with the Client App(s), and/or infringement by any Content of any Intellectual Property Rights. Hike will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

Warranty Disclaimer

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HIKE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND HIKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for Hike to use commercially reasonable efforts to adjust or repair the Services.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HIKE OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS HIKE) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF HIKE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, HIKE IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF HIKE TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Hike, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, employees, and third party service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to:
- any Content you submit, post, transmit, or make available through the Site or Services;
- your use or misuse of the Services;
- your connection to the Services;
- your breach or alleged breach of this Agreement; or
- your violation of any rights (including intellectual property rights) of a third party.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. We do not control the Facebook platform, the platform could become unstable, slow, or unavailable at any time.
2. Technical support is only provided to paying account holders and is only available at the service levels offered for the specific account plan that you are signed up for.
3. You understand that Hike uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies required to run the Service. We do not make service level agreements and do not assume liability for any outages or disruptions to the service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Hike, or any other Hike service.
5. You allow Hike to collect information (e.g. name, URL, amount of fan page likes, profile image), statistics of your installed tab (e.g. views, visits, like conversions) for marketing purposes and internal analysis.
6. You hereby grant Hike a limited, non-exclusive, non-transferable, non-sublicenseable license to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services.
7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hike.
8. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hike customer, employee, member, or officer will result in immediate account termination.
10. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. If your bandwidth usage drastically exceeds the average bandwidth usage (as determined solely by Hike) of other Hike customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
14. Hike does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
15. You expressly understand and agree that Hike shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hike has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
16. The failure of Hike to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Hike and govern your use of the Service, superceding any prior agreements between you and Hike (including, but not limited to, any prior versions of the Terms of Service).
17. Questions about the Terms of Service should be sent to support@wearehike.com.

Final Provision

1.  Place of jurisdiction for merchants within the scope of the German Commercial Code (HGB) shall be the main place of business of Hike.

2. If any provision of these Terms of Service is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.