Terms of Service
By accessing or using HangFive’s services, you agree to be bound by these terms, including our Privacy, so it is important that you read this agreement carefully before you create an account. We may update the terms from time to time, so you should check this page regularly for updates.
The Services and all related content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by HangFive, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.Subject to these Terms, you are permitted to access and use the Services for your personal, non-commercial use only.The HangFive name, the HangFive logo and all related names, logos, product and service names, designs, and slogans are trademarks of HangFive. You must not use such marks without our prior written permission. You may not do any of the following (or enable anyone else to do so):copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, print, monitor, make available, modify, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.violate or infringe HangFive’s copyrights, trademarks, or other intellectual property rights.If you’d like to use our brand assets in a way not covered by these guidelines, please reach out to us at firstname.lastname@example.org.If you violate these Terms,, your right to access and use the Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.3. Prohibited uses
You may use the Services only for lawful purposes and in accordance with these Terms. If your access or use of the Services is prohibited by applicable law, then you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law. You agree not to use the Services:In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.In a manner that violates the content standards set out in these Terms when you send, knowingly receive, upload, download, use, or re-use any material that violates these Terms or applicable law.To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” or “spam” or any other similar solicitation.To impersonate or attempt to impersonate HangFive, a HangFive employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm HangFive or users of the Services or expose them to liability.Additionally, you agree not to:Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.Use any device, software, or routine that interferes with the proper working of the Services.Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Services are stored, or any server, computer, or database connected to the Services.Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempt to interfere with the proper working of the Services.4. Social content
The Company may, now or in the future, charge service fees for the use of the Services or certain Service features. You agree to pay to the Company all fees for products or services purchased on or through the Services under your Account at the then-current prices and rates (including any applicable taxes), and to abide by the Company’s payment terms in effect at the time of such purchase. The Company may change the fees for use of the Services or any Service features or add new fees or charges, at any time. For any change in fees for products or services purchased under your Account, the Company will send you a notice of such change in advance of the time such change takes effect (via a message on or through the Services).6. Terminating or suspending an account
We may, for any reason and in our sole discretion, suspend, limit, or terminate your Account and your access to or use of the Services, without notice or liability to you. You may terminate your Account and stop using the Services at any time by notifying us at email@example.com and providing sufficient information for us to verify your identity. Upon the termination of your Account, you must cease all use of the Services. Termination of your Account will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your Account will survive such termination.7. Procedure for alleging copyright infringement
Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), copyright owners who allege infringement of their copyrights on the Website and/or Apps may file a notice of infringement with the Company by contacting the designated agent using the information provided below:
Address: HangFive, 69 Charlton Street., New York, NY 10014
Email: firstname.lastname@example.org Filing a notice of infringement with the federal government of the United States requires compliance with the requirements specified in Title II of the DMCA. The text of this statute can be found at the U.S. Copyright Office website, copyright.gov.8. Reliance on information posted
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services or by anyone who may be informed of information presented through the Services.The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HangFive, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HangFive. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.9. ACCOUNT ELIGIBILITY; YOUR RESPONSIBILITIESBefore you create an account on HangFive, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant HangFive.By using our Services, you represent and warrant that:
You are at least 12 years old; You are legally qualified to enter a binding contract with HangFive; You are seeking a meaningful relationship. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; You are not on any list of individuals prohibited from conducting business with the United States; You are not prohibited by law from using our services;
You have not have been convicted of or pled no contest to a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence; You are not required to register as a sex offender with any state, federal or local sex offender registry; You do not have more than one account on our Services; and You have not previously been removed from our Services by us, unless you have our express written permission to create a new account. If at any time you cease to meet these requirements, you must immediately delete your account, and we retain the right to remove your access to our services without warning. You agree to:Comply with these Terms, and check this page from time to time to ensure you are aware of any change;• Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;• Use the latest version of the Website and/or App;• Treat other users in a courteous and respectful manner, both on and off our Services and abide by our membership principles;• Be respectful when communicating with any of our customer care representatives or other employees; and• Maintain a strong password and take reasonable measures to protect the security of your login information.• Present yourself respectfully and authentically by adding at least one photo that shows your face. You agree that you will not:Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;• Use the Services in a way that damages the Services or prevents their use by other users;• Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;• Use our Services for any harmful, illegal, or nefarious purpose;• Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;• Post or share Prohibited Content (see below);• Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;• Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;• Use another user’s account;• Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or• Violate the terms of the license granted to you by HangFive (see Section 6 below).• Disclose private or proprietary information that you do not have the right to disclose;• Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without HangFive’s prior written consent;• Express or imply that any statements you make are endorsed by HangFive;• Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;• Upload viruses or other malicious code or otherwise compromise the security of our Services;• Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;• “Frame” or “mirror” any part of our Services without HangFive’s prior written authorization;• Use meta tags or code or other devices containing any reference to HangFive or the platform (or any trademark, trade name, service mark, logo or slogan of HangFive) to direct any person to any other website for any purpose;• Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;• Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;• Use, access, or publish the HangFive application programming interface without our written consent;• Probe, scan or test the vulnerability of our Services or any system or network; or• Encourage, promote, or agree to engage in any activity that violates these Terms. Prohibited Content—HangFive prohibits uploading or sharing content that:Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;• Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;• Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;• Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;• Is defamatory, libelous, or untrue;• Relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);• Involves the transmission of “junk” mail or “spam”;• Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from HangFive or otherwise;• Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);• Was not written by you or was automatically generated, unless expressly authorized by HangFive;• Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;• Is inconsistent with the intended use of the Services; or• May harm the reputation of HangFive or its affiliates. The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.10. CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that HangFive provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.10a. YOUR CONTENTYou are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability. You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. You represent and warrant to us that the information you provide to us is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online. Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below. You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.10b. MEMBER CONTENT While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms. Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.10c. OUR CONTENT HangFive owns all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.11. INAPPROPRIATE CONTENT AND MISCONDUCT; REPORTINGHangFive does not tolerate inappropriate content or behavior on our Services. We are committed to maintaining a positive and respectful HangFive community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services. We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also email HangFive Customer Service at email@example.com. Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.12. PRIVACY
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not HangFive. To cancel a purchase made with your Apple ID, go to 'Settings, iTunes & App Stores, [click on your Apple ID], View Apple ID, Subscriptions', then find your HangFive subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to 'Menu, My Apps, Subscriptions', then find your HangFive subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, HangFive may terminate your account immediately in its sole discretion. HangFive will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 8b below for more information.15b. REFUNDSGenerally, all purchases are nonrefundable. Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin, and the EU or European Economic Area.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.For subscribers residing in the EU or European Economic Area:In accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not HangFive. To request a refund, please contact your External Service directly; for example using your Apple device, go to 'Settings, iTunes & App Stores, [click on your Apple ID], View Apple ID, Purchase History'.
Find the transaction and select “Report a Problem.” You can also request a refund athttps://getsupport.apple.com.
For any other purchase, please contact HangFive Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to: firstname.lastname@example.org. ACCOUNT TERMINATION
HangFive’s liability is limited to the maximum extent by applicable law.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HANGFIVE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF HANGFIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HANGFIVE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO HANGFIVE FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 13 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.21. DISPUTE RESOLUTIONIn the unlikely event that we have a legal dispute, here is what you need to know. If you are dissatisfied with our Services for any reason, please contact HangFive Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against HangFive, these terms will apply.21a. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER