Conditions d'utilisation - Anglais
Effective Date: October 25th, 2020
Welcome to Virtual Artifacts!
Virtual Artifacts (VA) builds technologies and provides services that enable people to protect their privacy,
connect online communities to allow them to interact together as one, strengthen democracy in our digital societies by empowering news media,
and help businesses grow and compete fairly in the digital marketplace.
These products are provided to you through its subsidiary Hibe, Inc. and its Hibe Platform.
These Terms govern your use of ours products (the Hibe Products or Products), except where we expressly state that separate terms (and not these) apply.
By using Hibe, you are agreeing to be bound by the following terms of service ("Terms").
Hibe enables you to interact and share Private and Public Content using your favorite applications connected to the Hibe platform.
Content you contribute within a public audience is referred to as your Public
Content. Content you contribute within a private audience is referred to
as your Private Content.
- You must be thirteen (13) years of age or older to use Hibe.
- You must have the capacity to form a binding contract with Hibe and must not be a person barred from using Hibe.
- You are solely responsible for your conduct, your Content, and
for any consequences thereof. You are solely responsible for the
safeguard of the password that you use to access Hibe. As Hibe allows
you to share a wide variety of information, we strongly suggest that
you use passwords with a combination of lower and upper case letters,
numbers and symbols.
- You may use Hibe only in compliance with the Terms and all
applicable local, state, national, and international laws, rules and
- Violation of any part of the Terms may result in the termination of your account.
You retain all rights to your Private Content. Hibe strictly grants
access to your Private Content in accordance with the accessibility
restrictions set by you. Only you can make the decision to share your
Private Content. However, Public Content that you share on Hibe is
accessed, and can be copied or downloaded by others without your
Hibe is protected by the copyright, trademark and other laws of both
the United States and foreign countries. You cannot use the Hibe name
or any of Hibe's trademarks, logos, domain names, and/or other
distinctive brand features.
Any feedback, comments, or suggestions, you may provide to Hibe is voluntary and can be used without any obligation to you.
We may, at any time, but have no obligation to, remove or hide any Content on Hibe, suspend or close an account.
We respect the ownership of the Content and you are responsible for the
Content you provide. As such, we do not actively monitor or censor
Content, unless required by the law or in circumstances described below:
- You may not share Content that is hateful, threatening, contains nudity, incites violence or displays graphic or gratuitous violence.
- You may not share private or confidential information without express authorization and permission.
- You may not share Content that is illegal, promotes illegal activity, or infringes on the legal rights of others.
- You may not use Hibe to impersonate another in a manner that does or is intended to mislead, confuse or deceive others.
- You may not use Hibe to send repeat mass invitations.
- You may not do anything that could disable, overburden, or impair the proper working of Hibe.
- You may not use any web robots (bots), web crawlers, data-mining, or similar applications to harvest, submit gather and extract data from, or otherwise use Hibe.
Accounts engaging in any of these behaviors may be investigated for
abuse. Content under investigation may be hidden and the related
account may be suspended. Hibe reserves the right to immediately
terminate your account without further notice in the event that, in its
judgment, you violate the User Rules or the Terms.
Mobile and Other Devices
By using Hibe, you provide consent and all rights necessary to enable
users to sync their devices with any information that is accessible to
them through the Hibe Platform.
We will review all notices of alleged copyright infringement that
comply with applicable law and are properly provided to us. To make a
claim, you need to provide us with the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- A description of the copyrighted work claimed to have been infringed;
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and email;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without
prior notice and at our sole discretion, and, in the case of repeat
infringement, to terminate the infringer’s account. Our
designated copyright agent is:
, a subsidiary of Virtual Artifacts Inc.
200-381 Notre-Dame West
Canada H2Y 1V2
Email: copyright AT hibe DOT com
Links and Embeds
Hibe and its users may provide links to third party websites or may
embed YouTube videos. These links and embeds are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible, or liable for any content accessed
through those links and embeds, its availability or its accuracy. We
reserve the right, at any time, to remove such links or embeds if we
have reasons to believe it infringes our Terms or the third
party’s rights. When following a link, you do so at your own risk
and you should be aware that the Terms no longer govern.
Disclaimer, Limitation of Liability
HIBE IS PROVIDED TO YOU ON AN "AS IS" BASIS. YOU EXPRESSLY AGREE THAT
YOUR USE OF HIBE IS AT YOUR SOLE RISK. WE (INCLUDING OUR OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, LICENSORS AND
SUBCONTRACTORS) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND
EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS,
STATUTORY OR IMPLIED WARRANTIES AS TO THE OPERATION OF HIBE OR THE
CONTENT, MATERIALS, SERVICES OR PRODUCTS AVAILABLE ON HIBE, AS WELL AS
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DO NOT WARRANT THAT HIBE
WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE
CORRECTED. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION OR FAILURE
TO STORE ANY CONTENT. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY
REPRESENTATIONS REGARDING YOUR USE OR THE RESULTS OF YOUR USE OF HIBE
WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, QUALITY,
LEGALITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF HIBE OR
ANY CONTENT, INCLUDING THIRD PARTY CONTENT, AVAILABLE THEREIN. NO
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR
THROUGH ANY USER OF HIBE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES ARISING FROM ANY UNSUCCESSFUL ARBITRATION, COURT ACTION OR
LEGAL DISPUTE, LOST REWARDS, LOST BUSINESS, LOST REVENUES, OR LOSS OF
ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR
DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS
AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE
HIBE, OR ANY OTHER INTERACTIONS WITH US, EVEN IF WE OR OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We only provide a platform, so if you have a dispute with one or more
users, you release us (and our officers, directors, employees, agents,
successors and assigns) from past, present and future claims, demands,
damages (actual and consequential), rights, actions, causes of action,
suits, indemnification obligations, losses, liabilities, matters,
issues, cost and expenses, of any kind or nature whatsoever, known and
unknown, arising out of or in any way connected with such disputes.
You agree to indemnify, save, and hold us, our affiliated companies,
contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of or
related to your use or misuse of Hibe, any violation by you of this
Agreement or any Hibe policies, any third-party claims relating to your
use of Hibe, or any breach of the representations, warranties, and
covenants made by you herein. We reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you
are required to indemnify us and you agree to cooperate with our
defense of these claims. We will use reasonable efforts to notify you
of any such claim, action, or proceeding upon becoming aware of it.
These Terms and any action related thereto will be governed by the laws
of the Province of Quebec without regards to or application of its
conflict of law provisions with your state or country of residence. All
claims, legal proceedings or litigation arising in connection with Hibe
will be brought solely in Montreal, Quebec (Canada), and you consent to
the jurisdiction of and venue in such courts and waive any objection as
to inconvenient forum.
If you are accepting these Terms on behalf of a Canadian federal
government entity that is legally unable to accept the controlling law,
jurisdiction or venue clauses above, then those clauses do not apply to
you but instead these Terms and any action related thereto will be
governed by the laws of Canada (without reference to conflict of laws)
and, in the absence of federal law and to the extent permitted under
federal law, the laws of the province of Quebec (excluding choice of law).
Waiver, Entire Agreement, Severability, Survival
The failure of Hibe to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
This Agreement constitutes the entire agreement between the parties
with respect to your use of Hibe and supersedes and replaces all prior
agreements between Hibe and you regarding Hibe.
If any provision of this User Agreement or any Hibe Policies is held to
be unlawful, void, or for any reason unenforceable, then the remaining
provisions of these Terms will remain in full force and effect.
By "Hibe" we mean the features and services that Hibe Inc. makes
available through our web domains “hibe.com” and
“hi.be”, and any other Hibe branded or co-branded websites
By “Content” we mean any text, images, videos, links, files, or any other media types uploaded, posted and shared on Hibe.
We may, at our discretion, change, modify, add, or remove portions of
this Agreement at any time. Please check our Terms of Service
periodically for changes. Your continued use of Hibe after the posting
of changes constitutes your binding acceptance of such changes.
If the alterations constitute, in a good faith judgment, a material
change of the Terms, we will notify you either using the email address
set as “default” and/or the notification feature in Hibe.
Hibe is operated by Hibe Inc.
, a subsidiary of Virtual Artifacts Inc.
200-381 Notre-Dame West
Canada H2Y 1V2