Effective as of 6/12/2014
Last Updated 7/20/2020
Welcome to emehive.co (the “Site”), a website owned by East Meet East, Inc., a Delaware corporation (“EME Hive”, “we”, “us”, or “our”). EME Hive provides an online personals service for adults to meet each other (the “Service”). These Terms of Service (the “Terms”) set forth the terms and conditions applicable to all visitors of the Site, users of the Site and all users, registered or otherwise, of the Service (collectively, “visitors”, “users”, or “you”).
We may amend, update or change these Terms from time to time in our sole discretion. If we make changes to the Terms, we will post the revised Terms here. All changes are effective immediately when we post them. If we make material changes to the Terms, we will notify you by an e-mail sent to the address specified in your EME Hive Account (defined below) and/or by means of a notice on the Site once the change has become effective. You are encouraged to review the Terms from time to time in the event changes have been made. Your continued use of the Service following the posting of revised Terms indicates your assent to the Terms as posted.
Eligibility: By registering for the Service, you become an EME Hive member (a “Member”) and you represent and warrant that you are an individual of at least eighteen (18) years of age and single and/or separated from your spouse. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these Terms. By using the Service, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
Registration and Subscription: To become a Member, you must register for the Service, and you may become a Member of the Service for free. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. If you wish to use certain elements of the Service (“Subscription Features”), you must become a “Subscriber” by paying the subscription price offered to you at the time of purchase for access to the Subscription Features. We reserve the right at any time, to change any fees or charges for using the Service, including the fee we charge for beginning or renewing a subscription. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself and to maintain and update your information to keep it current and complete.
Term and Termination: These Terms will remain in full force and effect while you use the Site or the Service and/or are a Member, and after you have ended use of the Site or the Service and/or ceased to be a Member. You may terminate your membership by following the instructions on the “Deactivate your account” under the “Settings” > “Account” on your profile page. Either you or we may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. We reserve the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your Account information or data from our Services and any other records at any time at our sole discretion. If we terminate your account, upon such termination, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
You may terminate your account by following the steps in the applicable section under “Cancellations” below. Following any termination, we reserve the right to send a notice of termination to other Members with whom you have corresponded.
Cancellations: Cancellation At Any Time With No Refund. Except as otherwise stated in this section, you may cancel your subscription at any time online on the navigation bar by following “Subscribe” > “Subscriptions”. If you cancel your subscription, your subscription features will be terminated with immediate effect. In no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you purchase a subscription on an installation payment basis (such as three-part pay), your ability to cancel your membership as described above will be available to you only once your final instalment payment has been paid.
Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided herein
If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.
“Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to EME Hive.
If the physician determines that the duration of the disability will be less than six (6) months, EME Hive may extend the term of the Services contract for a period of six (6) months at no additional charge to you in lieu of cancellation.
Special State Terms: The following provisions are added to the Terms for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day (to be evidenced by the date of the postal stamp) following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: EastMeetEast, Inc., 347 Fifth Ave, Suite 1402-195, New York, NY 10016. Please include your EME Hive user name and email address in any correspondence or your refund may be delayed. If you cancel, EastMeetEast, Inc. will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three-day period, we will refund the full amount of your subscription.
Account Security: You are responsible for maintaining the confidentiality of your username and password and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify EME Hive of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EME Hive will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature. EME Hive cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT EME HIVE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. EME HIVE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. EME HIVE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. EME HIVE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL EME HIVE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW EME HIVE’S **DATING SAFETY TIPS PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT EME HIVE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.**
Proprietary Rights: EME Hive owns and retains all proprietary rights in the Site and the Service. The Site contains the copyrighted material, trademarks, and other proprietary information of EME Hive, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content: Text, graphics, images, music, software, audio, video, information, opinions, advice, statements, offers, or other materials or content, whether pre-recorded or streamed live (collectively, the “Content”) made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.
You are solely responsible for, and assume all liability regarding, (i) the information and Content you contribute to the Service; (ii) the information and Content you post, transmit, livestream, publish, display, or otherwise make available (hereinafter “post”) through the Service; and (iii) your interactions with others through the Service. In addition to sharing your information with your matches, we may allow your matches to share your profile information with members of their social network(s).
You are solely responsible for the Content that you post on the Service, or transmit to other Members. You will not post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
By posting Content to any public area of EME Hive, you automatically grant, and you represent and warrant that you have the right to grant, to EME Hive, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, including for advertising and marketing purposes, and to grant and authorize sublicenses of the foregoing. You waive any rights to prior inspection or approval of any marketing or promotional materials related to Content you post. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your publicly-posted Content, or portion thereof. You hereby waive and agree not to assert any moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Content you post. You further represent and warrant that public posting and use of your Content by EME Hive will not infringe or violate the rights of any third party.
The following is a partial list of the kind of Content that is illegal or prohibited on the Site. EME Hive reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
No False Information: You will not provide inaccurate, misleading or false information to EME Hive or to any other user. If information provided to EME Hive or another user subsequently becomes inaccurate, misleading or false, you will promptly notify EME Hive of such change. All information you include in your Member profile must be accurate, current and complete.
Prohibited Activities: EME Hive reserves the right to investigate and terminate your membership and account if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
You will not impersonate any person or entity.
You will not “stalk” or otherwise harass any person.
You will not express or imply that any statements you make are endorsed by EME Hive without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Service or the Site or the servers or networks connected to the Service or the Site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service or the Site, without EME Hive’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to EME Hive or the Service or the site in order to direct any person to any other web site for any purpose.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
Your Use of the Service: As a Member you agree that:
(1) You are solely responsible for all the content or information that you make available through the Site and Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site and Service or you have all rights, licenses, contents and releases that are necessary to grant to EME Hive the rights in such Content, as contemplated under these Terms; and (ii) neither your Content nor your posting, uploading, publication, submission or transmittal of your Content or EME Hive’s use of your Content (or any portion thereof) on, through or by means of the Site and the Service will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(2) You may not engage in advertising to, or solicitation of, other Members. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although EME Hive cannot monitor the conduct of its Members outside of the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion. We reserve the right to change this number, in our sole discretion, at any time. As a reasonable estimation of such harm, you agree to pay EME Hive US\$50 for each such unsolicited communication you send through the Service. You are solely responsible for your interactions with other members.
(3) You understand and agree that EME Hive may review and delete any Content in each case in whole or in part, that in the sole judgment of EME Hive violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of any Member. However, we do not undertake to review Content before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. If you submit or post your Content using the Service, such Content may be distributed, viewed, accessed, and commented by other Members. Accordingly, we assume no liability for any action or inaction regarding Content provided by any Member or third party, and we will not be held liable for any unauthorized use of Content or for any Content posted in response to another user’s Content.
(4) You will use the Service in a manner consistent with any and all applicable laws and regulations.
(5) You will not include in your profile any telephone numbers, street addresses, last names, URL’s, email addresses, or member IDs for other services (including but not limited to chat communication services), other than in response to our prompts in the personal or general information sections of the Site.
(6) We provide assistance and guidance through our customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
We are entitled to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
No purchase is necessary to participate in any Promotion. Promotions are void where any aspect of the Promotion is prohibited or restricted by law or where there are registration, bonding or localization requirements.
Eligibility: In order to be eligible, you must be a current EME Hive user and meet the eligibility and entry requirements as provided on any Promotion description page ("Promotion Page").
Entry Period: A particular Promotion will start and end as indicated on the Promotion Page ("Promotion Period").
Sponsor: **A Promotion is sponsored by the person or entity that posts and/or runs the Promotion as identified on the Promotion Page ("Promotion Sponsor**"). Promotion Sponsor is generally listed as contact on the Promotion Page. EME Hive is not a sponsor of Promotions posted by third-parties.
Winner Selection: Each winner is deemed to be a potential winner pending verification, including without limitation, verification of eligibility, compliance with the terms and conditions of the Promotion, and completion of any required documents as determined by Promotion Sponsor, at Promotion Sponsor's sole discretion. Promotion Sponsor will attempt to contact or notify a potential winner, and Promotion Sponsor reserves the right to select an alternative winner in the event that a potential winner fails to respond within the required time period. In the event of a dispute as to the identity of participants or winners, Promotion Sponsor shall make the final determination as to identity. You agree that, as between you and Promotion Sponsor, Promotion Sponsor has the sole right to decide all matters and disputes arising from any Promotion and that all decisions of Promotion Sponsor related to a Promotion are final and binding. Promotion Sponsor and EME Hive reserve the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who they suspect has tampered with a Promotion, the entry or participation process, violated the terms of the Promotion Page, or acted in an unsportsmanlike or disruptive manner.
Contests: All contests are contests of skill. Odds of winning depend on the skill and number of people participating. A Promotion Page will generally indicate judging criteria and the number of winners to be selected. All winners will be selected on an objective basis, and may be based on public voting, selection by Promotion Sponsor or its designee(s), or both, as indicated on the Promotion Page. In the event of a tie based on the initial judging criteria, judges may compare the initially tied entries and make a determination of the winner in order to break the tie, or Promotion Sponsor may provide additional prizes in the event of a tie.
Sweepstakes: Sweepstakes winners are selected at random. Odds of winning depend on the number of people participating. As indicated on the Promotion Page, Promotion Sponsor or its designee(s) will randomly select the indicated number of winners from among all eligible entries received during the applicable Promotion Period. Particular winning places (e.g., first, second, and third place) will be determined based on the order in which the entry is randomly selected.
Giveaways/Offers: Promotion Sponsor may periodically run additional Promotions. Entry requirements, winner selection, and prize details will be specifically referenced on the particular Promotion Page.
Prizes: The Promotion Page will indicate (i) the prizes to be awarded each winner, and (ii) the approximate retail value of each prize awarded and the aggregate approximate value of all prizes. No substitution, assignment or transfer of the prizes is permitted, except by Promotion Sponsor, who has the right to substitute a prize with another of comparable or greater value. Prizes awarded may be subject to third-party terms and conditions.
Taxes: You are responsible for all taxes and fees associated with the receipt and/or use of any prize. Promotion Sponsor and its designees have the right to withhold payment or awarding of any prize as they believe reasonably necessary for legal compliance, including any tax regulations. You may have to provide a Social Security number or Taxpayer ID prior to the awarding of any prize.
Publicity Release: Each winner may be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will allow Promotion Sponsor and EME Hive to use the winner's name, photograph, likeness, voice, prize information, opinions and biographical information for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in a Promotion constitutes your consent to Promotion Sponsor's and EME Hive's use of your name, photograph, likeness, voice, prize information, opinions, and biographical information, for promotional purposes in any media without further payment or consideration.
Release: YOU HEREBY HOLD EACH PROMOTION SPONSOR, AND EME HIVE AND THEIR AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS (COLLECTIVELY "RELEASEES") HARMLESS FROM AND AGAINST ANY CLAIM ARISING FROM ENTRY IN A PROMOTION, PARTICIPATION IN A PROMOTION, OR USE OF ANY PRIZE. RELEASEES ARE NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, MISDIRECTED, ILLEGIBLE, INCOMPLETE, OR MUTILATED ENTRIES, OR FOR ANY COMPUTER, ONLINE, TELEPHONE OR TECHNICAL MALFUNCTIONS, DELAYS OR HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR FOR ENTRIES THAT ARE MISDIRECTED, GARBLED, LOST OR DELAYED BY COMPUTER TRANSMISSIONS, OR IF FOR ANY REASON, THE PROMOTION IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES BEYOND THE CONTROL OF PROMOTION SPONSOR OR EME HIVE.
General: Promotion Sponsor and EME Hive reserve the right to shorten, extend, modify, or cancel any Promotion, in their sole discretion, at any time and without notice, even though such action may affect your ability to win a prize. Promotion Sponsor and EME Hive are not responsible for any typographical or other error in printing or description of any Promotion. Winners will be announced as indicated on the Promotion Page. Individuals may request a list of winners by submitting a self-addressed, stamped, envelope to 347 Fifth Avenue, Suite 1402-195, New York, NY 10016 within 60 days of the end of any Promotion. Residents of Vermont may omit return postage.
You will defend, indemnify, and hold us and our officers, directors, employees, agents, subsidiaries, joint ventures, and third parties harmless, for any losses, costs, liabilities or expenses (including reasonable legal costs) relating to or arising out of any third-party claim concerning your use of the Service, including:
(1) Your breach of these Terms; (2) any allegation that any Content or materials you submit to us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (3) your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including the indemnified person.
If you have a dispute with one or more of our Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
EME Hive reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify EME Hive, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EME Hive. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
EME Hive reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including Subscription Features) with or without notice. You agree that EME Hive shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, and you agree that you will not be entitled to any refund of unused subscription fees in the event of such modification, suspension or discontinuance.
Billing and Payment: EME Hive bills you through an online account (your “Billing Account”) for use of certain elements of the Service. You agree to pay EME Hive all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize EME Hive to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. EME Hive may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section includes any agreements you made with EME Hive on the Site when becoming a Member, purchasing Virtual Items and Virtual Currency (defined below), or subscribing to the Service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion terminate your account immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your account or subscription reinstated.
Subscription Renewals: In order to provide continuous service, EME Hive automatically renews all paid subscriptions for the Services on the date such subscriptions expire. Such renewals are generally for the same duration as the original subscription term (for example, a 1-month subscription will renew on a monthly basis, a 3-month subscription will renew on a 3-month basis, and so on). In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation in the subscription plan page, before you finalize the purchase of your subscription, upon confirmation of purchase, and in the body of any special promotions sent to our users. By agreeing to these Terms, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under “Cancellation At Any Time With No Refund” above.
Current Information: You must provide current, complete and accurate information for your Billing Account. You must promptly notify EME Hive if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made in your account settings on the Site. If you fail to provide EME Hive any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Reaffirmation of Authorization: Your non-termination or continued use of the Service reaffirms that EME Hive is authorized to charge your Payment Method. EME Hive may submit those charges for payment and you will be responsible for such charges. This does not waive EME Hive’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Free Trials and Other Promotions: Any free trial or other promotion that provides access to Subscription Features of the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact Customer Care to have the charges reversed.
Recurring Billing: Most subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By agreeing to these Terms, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. EME Hive may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (confirmed in writing upon request by EME Hive) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before EME Hive reasonably could act in response to the notice. To terminate your authorization or change your payment method, go to account settings.
Virtual Items: ”Virtual Currency” is an online, redeemable credit system that may be used to obtain certain products, benefits, and features we may offer through the Service, including some types of virtual items that may be transferrable to other users (“Virtual Gifts”). Virtual Currency (a) can be purchased through the Service (e.g., through an in-app purchase), (b) may be awarded to users for free in connection with certain promotional offerings, and (c) may be awarded to users who receive certain Virtual Gifts. Virtual Currency may be sold by individual unit and/or in bundles, and the price may vary depending on the amount you purchase. We may limit the amount of Virtual Currency that you can purchase, be awarded, or redeem over any given period of time. We may offer more than one type of Virtual Currency, such as “diamonds,” “stars,” or “coins.” We, in our sole discretion, determine how each type of Virtual Currency may be purchased, awarded, or redeemed through the Service and/or how each type of Virtual Currency may be converted (or not) to another type of Virtual Currency. Virtual Currency is not legal tender and does not constitute a personal property right.
Through the Service we sell a variety of virtual items (“Virtual Gifts”), which are digital objects that users can acquire (e.g., in exchange for Virtual Currency) and provide to other users for entertainment purposes. The price for each Virtual Gift will be displayed at the time of purchase. Please note that Virtual Gifts are not chattel and you do not acquire any ownership rights in the Virtual Gifts. A user who receives a Virtual Gift from another user (for example, a livestreamer who receives a Virtual Gift from another user during a video broadcast) may receive a number of units of Virtual Currency and/or real currency value, as determined by us in our sole discretion. The cost of a Virtual Gift that you give to another user may not correlate to the amount of money and/or Virtual Currency such user is entitled to receive from us or we otherwise award to the user.
When you purchase or otherwise acquire any Virtual Currency or Virtual Gift (collectively, “Virtual Items”), we are providing you a limited license to use the Virtual Item for personal, non-commercial purposes. We may sell Virtual Items through an online marketplace, a website, and/or a mobile app. Virtual Gifts may be sold for Virtual Currency and/or real world money, at our sole discretion. We reserve the right to add, modify, remove, suspend, and reintroduce Virtual Items and to change the prices and/or difficulty of obtaining and redeeming Virtual items, at any time in our sole and absolute discretion. By purchasing a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against us based on the actual or perceived value, or change in value, of a Virtual Item. Selling or otherwise transferring Virtual Items in exchange for real world money or monetary value is not allowed. Except as may be expressly permitted through the Service by us from time to time in our sole discretion (for example, as part of a Cash-Out feature), Virtual Items acquired through the Service are nonrefundable, have no cash value and are not redeemable and/or refundable for any sum of money or monetary value from us.
The redemption or award of Virtual Items may be subject to sales tax in the United Sates, and may be subject to VAT or GST in countries outside the United States. You are solely responsible for remitting the required amounts for redemption or award to the applicable taxing authority.
All sales and redemptions of Virtual Items are final. Virtual Items are forfeited if your account is terminated or suspended for any reason.
We reserve the right to terminate your access to all the Virtual Items in your Account if we determine, after investigation, that you have used Virtual Items in connection with any fraudulent or illegal activity. Further, you agree that we have the right to delete, disable, or otherwise deny you access to any Virtual Items of your Account that we determine, in our sole discretion, were purchased or otherwise acquired using fraudulent or illegal means by you or by another Member who transferred them directly or indirectly to you. We may but are not obligated to allow you an opportunity to respond to an advance notice before we remove any Virtual Items from your Account, and we are not obligated to provide such advance notice. You agree that we will have no liability to you based on our exercise of our rights with respect to Virtual Items.
Cash-Out: From time to time we may offer an option to some users to redeem one or more types of Virtual Currency for cash or real-world currency value (each redemption called a “Cash-Out”). A user who wants a Cash-Out must have a valid PayPal™ account. You acknowledge and agree that all information submitted to PayPal during the Cash-Out process will be stored by PayPal on PayPal’s servers, and will not be under our control. You understand that we have no control over PayPal’s practices and you release East Meet East, Inc. from any and all liability associated with information submitted to PayPal, including, without limitation, liability related to the unauthorized release or use of user’s information. We reserve the right to verify your identity and eligibility to receive cash redemptions prior to payment. To claim a Cash-Out, a participant must request a Cash-Out of at least a minimum amount, as specified by us in our sole discretion, for each such request. Cash-Out claims may be limited to a maximum number per day (e.g., only one Cash-Out per day). We may change the Cash-Out minimums, the Cash-Out claim limits, and the availability of any Cash-Out from time to time, and we reserve the right to do so at any time, effectively immediately, without prior notice. We will also determine the rate of redemption in our sole discretion (for example, the rate or schedule for converting Virtual Currency units to cash value) and we may change the rate from time to time without notice. Any specific terms for Cash-Out that may be materially different from those described in these Terms, including the rate of redemption for a given Cash-Out, will be disclosed to you at the time of redemption. You agree that we have the absolute right to manage, modify, and/or eliminate any Cash-Out functions in our sole discretion.
Payment Method: The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If EME Hive does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand.
Change in Amount Authorized: If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and EME Hive shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that EME Hive may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
We respect the intellectual property (IP) rights of others, and we expect users of our Service to do the same. We will respond to notices of alleged IP infringement that comply with applicable law. For example, we respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please provide us with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim is being infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Site; (iv) information reasonably sufficient for us to contact you, such as your address, telephone number, and e-mail address; (v) a statement 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 law; and (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a Member’s account. Our designated agent for notices of alleged IP infringement appearing on the Site is: copyright\@emehive.co.
The personal information (including sensitive personal information) you provide to us will be stored on computers and/or servers. You consent to the use of this information to create a profile of interests, preferences and browser that allow you to participate in the Service. We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number, in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Policy to review your options.
You may be able to access, review, display or use third party services, resources, content or information (“Third-Party Materials”) through the Service. Such Third-Party Materials may also include links to other websites, services or resources on the Internet, and other Third-Party Materials may also contain links to the Service. By way of an example and not as a limitation, as part of the Service, EME Hive will permit you to access information, products and services from businesses that are not owned or operated by us. In such instances, EME Hive acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning any services, products or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. EME Hive makes no representations or warranties of any kind, express or implied, regarding any services, products or information received from such third parties, and the fact that EME Hive makes such services, products or information accessible through the Service should not be construed as an endorsement of the business or the services, products and information they provide.
Your ability to access or link to Third-Party Materials or third-party services (including, but not limited to social networking services) does not imply any endorsement by EME Hive of Third-Party Materials or any such third-party services. By using the Service to find and view material online, you are directing the Service to present to you the Third-Party Materials that you have selected. When you access third-party websites, you do so at your own risk and you acknowledge that content displayed through any such website is the sole responsibility of the entity that makes it available. Third-Party Materials and websites are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, availability, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by, or any association with, EME Hive. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, goods or services available on or through any such website or resource.
WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to our terms and conditions, we cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of eighteen (18) in violation of these Terms. It is possible that other members or users, including unauthorized users or hackers) may post or transmit offensive or obscene materials through the Service that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT CONDUCT BACKGROUND CHECKS ON MEMBERS REGISTERING FOR THE SERVICE IN ANY WAY. ANY ATTEMPT BY EME HIVE TO SCREEN MEMBERS IS NOT A GUARANTEE OF SAFETY ON THE WEBSITE. YOU ARE RESPONSIBLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THIS SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF THE SERVICE, OR ANY INDIVIDUAL YOU MEET VIA THE SERVICE.
Software from this Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of EME Hive to enforce any right or provisions of these Terms will not be deemed a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Arbitration Agreement: The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against EME Hive in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against EME Hive any class action, class arbitration, or other representative action or proceeding. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties, and any party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary or permanent injunctive relief, or declaratory relief in the appropriate court of law. This provision shall not prevent either party from filing a petition in court to confirm an arbitration award.
Notice of Rights: By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and EME Hive (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Right to Seek Injunction: Violation of these Terms may cause EME Hive irreparable harm, and therefore you agree that EME Hive will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that EME Hive may have for a breach of these Terms.
Court Proceedings: Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against EME Hive (except for small-claims court actions) may be commenced only in the federal or state courts located in New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law: These Terms, and any dispute between you and EME Hive, shall be governed by the laws of the state of New York without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
Limitation of Time Period to Commence a Dispute: Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any dispute must be filed within one (1) year after the date in which the incident giving rise to the dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any dispute.
We will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with EME Hive prior written consent. EME Hive may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
If you have any questions about these Terms please contact us at hello\@emehive.co.