Terms of Service

Effective June 1, 2015

These Terms of Service ("Terms") govern your access to and use of heyu, including any heyu mobile applications and websites (the "Services"), and any videos, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

 

Heyu is owned and operated by Hyperelectric LLC.

 

Basic Terms

  1. You must be 18 years or older to use this site.

  2. You may not post nude, partially nude, or sexually suggestive videos or photos.

  3. We advise you to use extreme caution before sharing personally identifiable information with other users. heyu does not conduct criminal background checks on nor screen any of its users. heyu does not inquire into the background checks of its users nor attempt to verify the statements made by its users. heyu makes no representations or warranties as to the conduct of users or their compatibility with any current or future users.

  4. The nature of heyu’s services promotes the sharing of personal information by users with other users. Heyu cannot and does not assure that it is safe for you to have direct contact with other users of our services. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. For example, it is possible to use certain widely available commercial Internet search engines to locate a person’s home solely using that person’s correct name. If you believe that any user of our services is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via the “Report a Problem” so that we may take appropriate action to block further use of heyu’s services by any user who is using our services and information obtained from it for improper purposes.

  5. IF YOU ARE UNDER 18 YEARS OF AGE BUT HAVE IMPROPERLY ACCESSED HEYU’S SERVICES BY PROVIDING FALSE INFORMATION TO US, NOT ONLY ARE YOU AN UNAUTHORIZED USER USING HEYU’S SERVICES IN VIOLATION OF THESE TERMS OF SERVCES, BUT YOU MAY ALSO BE PUTTING YOURSELF AND OTHERS IN DANGER. YOU AGREE THAT HEYU AND HYPERELECTRIC IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF OUR SERVICES AND IS NOT LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF HEYU’S SERVICES.

  6. Heyu is not responsible for your conduct. In no event shall heyu, Hyperelectric, its affiliates or its partners be liable (directly or indirectly) for any losses or 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 our Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off our services or meet in person, or if you decide to send money to another user. You understand that the Company 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), or wire or otherwise send money, to other users.

  7. By requesting to use, registering to use, and/or using heyu, you represent and warrant that you have never been convicted of a felony and/or are not required to register as a sex offender with any government entity. HEYU DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS USERS. However, heyu reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this subsection.

  8. You are responsible for any activity that occurs under your screen name.

  9. You are responsible for keeping your password secure.

  10. You must not abuse, harass, threaten, impersonate or intimidate other heyu users.

  11. You agree to use any personal information provided to you by other users of heyu in a lawful and responsible manner. You further agree that you will not use personal information about other users for any reason without the express prior consent of the user that has provided such information to you.

  12. Reporting of Violations. You will promptly report to heyu any violation of the Agreement by others, including but not limited to, Registered Users.

  13. Content Removal. Heyu reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. Heyu will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement or upon the request of any third party.

  14. No False Information. You will not provide inaccurate, misleading or false information to heyu or to any other user. If information provided to heyu or another user subsequently becomes inaccurate, misleading or false, you will promptly notify heyu of such change.

  15. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services through the Site or Services. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, “spam” or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to heyu, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay heyu $50 for each such unsolicited communication you send through the Services.

  16. Unique and Bona Fide Profile. As a Registered User of the Singles Service, you will create only one unique profile. In addition, your use of the Singles Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Singles Service (for example, you may not become a Registered User solely to compile a report of compatible singles in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, heyu may create test profiles in order to monitor the operation of the Services.

  17. Selection of Profiles. Our service provides matching, and your profile will be selected to introduce you to specific matches based on our algorithm. You will be under no obligation to meet with or communicate with the match(es) we may introduce to you.

  18. No Harassment of Heyu Employees or Agents. You will not harass, annoy, intimidate or threaten any heyu employees or agents engaged in providing any portion of the Services to you.

  19. You may not use the heyu service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

  20. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on the heyu service.

  21. You must not modify, adapt or hack heyu or modify another website so as to falsely imply that it is associated with heyu.

  22. You must not crawl, scrape, or otherwise cache any content from heyu including but not limited to user profiles and photos.

  23. You must not transmit any worms or viruses or any code of a destructive nature.

  24. You must not, in the use of heyu, violate any laws in your jurisdiction (including but not limited to copyright laws).

  25. Violation of any of these agreements will result in the termination of your heyu account. While heyu prohibits such conduct and content on its site, you understand and agree that heyu cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the heyu service at your own risk.

General Conditions

  1. We reserve the right to modify or terminate the heyu service for any reason, without notice at any time.

  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.

  3. We reserve the right to refuse service to anyone for any reason at any time.

  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.

  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

 

Copyright and Limited License

 

  1. Unless otherwise indicated, the Services and all content and other materials in the Services, including, without limitation, the heyu logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “heyu Content”) are the proprietary property of heyu or its sponsors, or licensors and are protected by U.S. and international copyright and/or other intellectual property laws.

Proprietary Rights in Content on Instagram

  1. You own all of the content and information you post on heyu. By displaying or publishing ("posting") any Content on or through the heyu Services, you hereby grant to heyu a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the heyu Services.

  2. You represent and warrant that: (i) you own the Content posted by you on or through the heyu Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the heyu Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the heyu Services.

  3. The heyu Services contain Content of heyu ("heyu Content"). Heyu Content is protected by copyright, trademark, patent, trade secret and other laws, and heyu owns and retains all rights in the heyu Content and the heyu Services. Heyu hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the heyu Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the heyu Services.

  4. The heyu Services contain Content of Users and other heyu licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the heyu Services.

  5. Heyu performs technical functions necessary to offer the heyu Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the heyu Services.

  6. Although the Site and other heyu Services are normally available, there will be occasions when the Site or other Instagram Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of heyu. Also, although heyu will normally only delete Content that violates this Agreement, heyu reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by heyu in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, heyu encourages you to maintain your own backup of your Content. In other words, heyu is not a backup service. Heyu will not be liable to you for any modification, suspension, or discontinuation of the heyu Services, or the loss of any Content.

Conduct

In your digital interactions with other users (including, but not limited to: your videos, site messages, instant messages, postings), you agree to conduct yourself civilly and respectfully. While using the website, you agree to conduct yourself civilly and respectfully. While using the mobile app or our website, you agree that you shall not under any circumstances harass or make mischief against any other user of the mobile app or website. Hyperelectric LLC reserves the right to determine, at its sole discretion, what constitutes harassment or mischief, and where that has occurred; and may, also at its sole discretion, partially or completely deny service to any infringing party. As part of these efforts, Hyperelectric LLC may enlist the help of its active users to moderate flagged videos, messages, comments, and other content to determine if a user’s conduct is harmful to the community.

Securing Your Personal Information

We endeavor to safeguard personal information to ensure that information is kept private. However, please be aware that unauthorized entry or use, hardware or software failure, the inherent insecurity of the Internet and other factors, may compromise the security of your personal information at any time. As such, we cannot guarantee the security of your personal information.

Commercial use prohibited

The service is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use heyu for any purpose. Illegal and/or unauthorized uses of heyu, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to heyu, or unauthorized framing may be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of heyu is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of messages you send or receive and electronically filtering or throttling or terminating your messages.

Limitation of Liability

  1. Incidental Damages and Aggregate Liability. IN NO EVENT WILL HEYU BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF HEYU KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. No Liability for non-heyu Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HEYU 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 SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

  3. Information Verification. Heyu and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that heyu and its contractors will have no liability to you arising from any incorrectly verified information.

 

User Disputes

 

  1. You are solely responsible for your interactions in the Services with other users and any other parties with whom you interact through the Services and/or heyu services. Heyu reserves the right, but has no obligation, to become involved in any way with these disputes.

  2. As a condition of using the Services, you release heyu (and heyu’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more player of the Services.

 

Binding Arbitration

 

Any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or heyu may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of you or heyu pending the completion of arbitration.

 

Equitable Relief

 

You acknowledge that the rights and obligations under these Terms are of a unique and irreplaceable nature, the loss of which shall cause irreparable harm and which cannot be replaced by monetary damages alone. Accordingly, heyu shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or any anticipated breach. Furthermore, you hereby irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any heyu Content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages.

Indemnification

You agree to indemnify, defend and hold harmless heyu, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the app or Services, (b) any user postings made by you, store or otherwise transmit on or through the Services (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any other persons rights, or € your violation of any applicable laws, rules or regulations. Heyu reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with heyu in asserting any available defenses.

Complaints / Law Enforcement Contact

To resolve a complaint regarding the Service, you can e-mail us at hyperelectricinc@gmail.com

Communication and Privacy

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.

You should appreciate that all information submitted to our services might potentially be publicly accessible. All information submitted to heyu services might potentially be publicly accessible. Important and private information should be protected by you. We are not responsible for protecting, nor are we liable for failing to protect, the privacy of electronic mail or other information transferred through mobile devices or the Internet or any other network that you may utilize. See heyu’s Privacy Policy for more information regarding privacy. The privacy policy is incorporated into and a part of these Terms of Use.

Digital Millennium Copyright Act Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify heyu at hyperelectricinc@gmail.com as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim is being infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site; 4. Information reasonably sufficient to permit heyu to contact you, such as your address, telephone number, and e-mail address; 5. 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 6. 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. The above information must be submitted to heyu.