Hive Learning Terms of Service

Effective April 2021

The terms of service below are issued on behalf of the Hive Learning group of companies so when we mention “Hive Learning”, “we”, “us” or “our” in these terms of service, we are referring to the relevant company in the group to which you are contracted.

Hive Learning Limited, company number 08183912 with registered office at Scale Space, 58 Wood Lane, London, W12 7RZ is the contracting party for all customers except for US based customers who are contracted to Hive Learning Inc. (both “Hive Learning”).

Please read these terms of service carefully. By accessing or using this platform, you agree to be bound by the terms of service described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not sign up to this platform.

1. Applicability of terms

These terms of service (“Site Terms”) apply to your use of Hive Learning through hivelearning.com or your mobile device (the “Site”) and do not alter in any way the terms or conditions of any other agreement you may have with Hive Learning, its subsidiaries or affiliates.

2. Ownership of Site Content Is The Responsibility Of The User Who Uploads it

Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, information, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (the “Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws and all rights are reserved. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you and not Hive Learning are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site.

Hive Learning does not control the Content posted by users via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable and under no circumstances will Hive Learning be liable in any way for any user Content that is offensive, indecent or objectionable or for any errors or omissions in user Content or for any loss or damage incurred as a result. In the event that Hive Learning becomes aware of any inappropriate, offensive or objectionable content, it may remove the content or may report such content to any relevant authorities of third parties in the interests of protecting groups or individuals.

3. Use of the Site

Hive Learning has minimum age requirements to open an account as follows: 13 years or older (14 or older in Spain & South Korea, 16 or older in Netherlands). If you are found to be under the minimum age requirements, Hive Learning reserves the right to delete your account.

You are specifically prohibited from:

1. downloading, copying, or re-transmitting any or all of the Site or Hive Learning Content without, or in violation of, a written licence or agreement with Hive Learning;
2. using any data mining, robots or similar data gathering or extraction methods;
3. manipulating or otherwise displaying the Site or Hive Learning Content by using framing or similar navigational technology;
4. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Hive Learning product or service if you are not expressly authorised by such party to do so; and
5. using the Site or Hive Learning Content other than for its intended purpose.

Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside. You acknowledge and agree that the Services are provided “as is” and that Hive Learning assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You acknowledge that Hive Learning has no obligation to monitor Content but may do so at its own discretion. Hive Learning and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Site that violates the present Terms of Service or is otherwise objectionable. Objectionable content is classed as content that is threatening, abusive, indecent, insulting, racist or discriminatory. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You agree not to modify the App in any manner or form, or to use modified versions of the App, including (without limitation) for the purpose of obtaining unauthorised access to the Content. Hive Learning maintains the right to suspend or cancel any account which in the opinion of Hive Learning is found to be impersonating a third party in which it does not have the relevant approval for. Any account closed in this way will be subject to a refund of any registration fee paid on a pro-rata basis from the date of cancellation.

4. User generated content

Hive Learning users may post, upload and/or contribute content to the Service. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by this Agreement, does not violate these Agreements, applicable law, or the intellectual property rights of others. The content which you post in your personal pages within Hive Learning will not be used by Hive Learning for commercial uses without requesting prior consent from the creator. This consent clause lasts until you terminate your Hive Learning account, except in the case of User Content that you have made public. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to Hive Learning, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content on Hive Learning and your right to object to derogatory treatment of such User Content, in these cases Hive Learning does not accept ownership of the content from the users waiver.

Hive Learning may at its sole discretion monitor, review, or edit User Content (including User Content in any private groups or pages), or remove or disable access to any User Content for the following reasons:

1. If Hive Learning believes that any User Content is in breach of these Site Terms;
2. If Hive Learning believes that any User Content is in breach, or potential breach, of any law or legislation;
3. If Hive Learning believes that any User Content identifies a risk to a User (including any risk to User well-being).

Hive Learning may take these actions without prior notification to you. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. Hive Learning may reasonably observe your User Content to assist you with any user issues or problems you are having. Hive Learning is not responsible for User Content nor does it endorse any opinion contained in User Content. If you believe that any User Content does not comply with the User Guidelines or that your rights under applicable law have been otherwise infringed by any User Content, please raise a help ticket from within Hive Learning or contact us at help@hivelearning.com, and it will be actioned upon in a timely manner.

5. Trademarks

Hive Learning trademarks, Hive Learning logo, and any other product or service name or slogan contained in the Site are trademarks of Hive Learning, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Hive Learning. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hive Learning and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

6. Data protection

In these Terms of Service, “Data Protection Legislation” shall mean the UK Data Protection Act 2018, the General Data Protection Regulation and any and all legislation, regulations and guidelines that supplement, amend or replace the UK Data Protection Act 2018 from time to time.

By signing/agreeing these Site Terms, if you are a direct consumer you confirm that Hive Learning is to be the Data Controller under Data Protection Legislation, you also confirm that you are aware of and consent to the use by Hive Learning of any personal data within the meaning of Data Protection Legislation and that Hive Learning may create and maintain computer records, collect, hold, control, use and transmit personally identifiable information obtained from you. If you are a consumer using the Site through a corporate customer of Hive Learning then you confirm that Hive Learning is to be the Data Processor under Data Protection Legislation (and the corporate customer will be the Data Controller).

By agreeing to these Site Terms you consent that such personal data will not be used for commercial use unless you have selected at some point to opt in to any scheme, where it will be made extremely clear to you at the time. If your account has been paid for on behalf of a national or international body, or company, you consent to Hive Learning sharing your personal information with this body, we will NOT share your content unless you have specifically consented to this. You consent to Hive Learning revealing personal data to any relevant national authority should you breach these Site Terms. Refer to Hive Learning Privacy Policy for more information.

8. Links

You may not use any Hive Learning logo or other proprietary graphic of Hive Learning to link to this Site without the express written permission of Hive Learning. Furthermore, you may not frame any Hive Learning trademark, logo or other proprietary information, including Hive Learning Content, without Hive Learning express written consent. Hive Learning makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Hive Learning and Hive Learning is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Hive Learning provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Hive Learning of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate to from our Site. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Hive Learning shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

9. Registration Data and Account Security

In consideration of your use of the Site, you agree to:

1. provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
2. maintain and promptly update the Registration Data, and any other information you provide to Hive Learning, to keep it accurate, current and complete;
3. maintain the security of your password and identification;
4. notify Hive Learning immediately of any unauthorised use of your account or other breach of security;
5. accept all responsibility for any and all activities that occur under your account; and
6. accept all risks of unauthorised access to the Registration Data and any other information you provide to Hive Learning.

Hive Learning will collect and process your Registration Data in accordance with its Privacy Policy and applicable laws. In particular, any personal data submitted by a User to this Site will not be used for any direct marketing or unsolicited follow-up unless Hive Learning has previously informed the User of this possible use and the User has given Hive Learning their express permission.

10. Indemnification

You agree to defend, indemnify and hold harmless Hive Learning, its subsidiaries, affiliates, licensors, employees, agents, third party information or service providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of Hive Learning Content, or your violation of any rights of another.

11. Disclaimer

This site and Hive Learning Content are provided “as is” and Hive Learning, its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Hive Learning will not be liable for any damages of any kind arising from the use of this Site or Hive Learning Content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not Hive Learning, assume the entire cost of all necessary servicing, repair or correction due to your use of this Site or Hive Learning Content. We make no warranty that the Site or Hive Learning Content is free from infection by viruses or anything else that has contaminating or destructive properties. Hive Learning uses reasonable efforts to ensure the accuracy, correctness and reliability of Hive Learning Content, but we make no representations or warranties as to Hive Learning Content’s accuracy, correctness or reliability. Hive Learning offers a search feature within the Site. Hive Learning explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory. Hive Learning also disclaims any responsibility for the completeness or accuracy of any directory or search result.

12. Limitation of Liability

In no event shall Hive Learning, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, Hive Learning Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Hive Learning, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Hive Learning’s records, programs or services. In no event shall the aggregate liability of Hive Learning, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to Hive Learning for access to or use of the Site.

13. Export control

You agree that you shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, technology or Content (including products derived from or based on such technology or Content) received from Hive Learning under these Agreements to any destination, entity, or person prohibited by the laws or regulations of England & Wales or the country in which you have purchased your licence, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of these Site Terms.

14. Applicable Law and Arbitration

For Users based in any country except the United States, these Site Terms are subject to the laws of England & Wales. Further, you and Hive Learning agree to the exclusive jurisdiction of the courts of England & Wales to resolve any dispute, claim or controversy that arises in connection with these Agreements.

If you are a United States user, these Site Terms are subject to the laws of the State of New York. The following mandatory arbitration provisions also apply to you if you raise a dispute, claim or controversy from within the United States: You and Hive Learning agree that any dispute, claim or controversy arising out of or relating in any way to Hive Learning Service or your use thereof, including our Agreements, shall be determined by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Hive Learning are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of these Site Terms and the termination of your Hive Learning account. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by these Agreements, and as administered by the AAA. You and Hive Learning agree that these Agreements involve interstate commerce and are subject to the Federal Arbitration Act. You and Hive Learning agree that (a) any claims seeking to enforce, protect, or determine the validity or ownership of any intellectual property rights, and (b) any claims related to allegations of theft, piracy or unauthorised use of Hive Learning are NOT subject to mandatory arbitration. Instead, you and Hive Learning agree that these claims (including but not limited to claims for injunctive or equitable relief) shall be exclusively decided by courts of competent jurisdiction in New York, New York, and that applicable Federal law shall govern, without regard to choice of law principles. You and Hive Learning agree that each may bring claims against the other only in your or its individual capacity, and not as a class member or in any representative capacity or proceeding. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. If this specific provision is found to be unenforceable in any way, then the entirety of this arbitration section shall be null and void. The arbitrator may not award declaratory or injunctive relief. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA's Consumer Rules with the remainder paid by Hive Learning. Any arbitration costs or fees deemed “excessive” will be paid by Hive Learning.

15. Termination

These Site Terms will continue to apply to you until terminated by either you or Hive Learning. Hive Learning may terminate or suspend your access to Hive Learning at any time using its sole discretion, including in the event of your actual or suspected unauthorised use of Hive Learning or non-compliance with the Site Terms. If you or Hive Learning terminate the Site Terms, or if Hive Learning suspends your access to Hive Learning, you agree that Hive Learning shall have no liability or responsibility to you and Hive Learning will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

16. Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Hive Learning. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

17. Changes to Site Terms

Hive Learning reserves the right to change any of the terms of service contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When Hive Learning makes changes, Hive Learning will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. Hive Learning encourages you to review the Site Terms whenever you visit one of our websites.