Public offer
1.General provision
Welcome to the BEHYPE.io website and the "BEHYPE" ("We", "Our") app and thank you for visiting. We hope you enjoy this experience!
1.1. These Terms of Use ("Terms") constitute a legal agreement between You and Us (collectively "All") and govern your use of all text, data, information, software, graphics, photographs and other (all of which we refer to " Materials ") that We and our affiliates may provide to you, as well as any services (" Services ") that we may provide through any of our applications (all of which in these Terms are referred to as" Website "and" Application " ).
1.2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING THIS WEBSITE AND APPLICATION. THE USE OF THIS WEBSITE AND THE APPLICATION INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY CONDITION , YOU CANNOT USE THIS WEBSITE OR APPLICATION
In this offer, the following terms and definitions are used:
"We", "Ours" - BEHYPE.IO website, BEHYPE application, participants of "BEHYPE" LLP
"Website" - the BEHYPE.IO website, where you can get acquainted with all the necessary information about our services, the BEHYPE application and "BEHYPE" LLP.
"Application" - The BEHYPE Application for providing an online space for interaction between users of social networks Instagram and TikTok in order to promote your accounts on social networks.
"Materials" - any material in the form of digital content: photos, videos, text, but not limited to the parent, used on the BEHYPE.IO website or the BEHYPE application, as well as any content posted and / or uploaded by you through the BEHYPE.IO website or BEHYPE app.
"Users" - any person who has registered in the application in accordance with the terms of this offer is a user of the application. Users can act as both the Buyer and the Creator in the "BEHYPE" application, and create requests on behalf of the Buyer or provide services on behalf of the Creator.
"Buyer", "You" - individuals and legal entities that have a Profile in the application and are interested in purchasing services provided by the Creators, namely in organizing advertising campaigns in order to promote their own goods, services, results of intellectual or other activities by posting information on online sites owned by the Creators on the basis of management rights.
"Creator" "You" - individuals and legal entities that have a Profile in the application and provide services for the creation of advertising online media content (videos, articles, banners, posters, etc.), visiting, viewing or otherwise using the Application, including communicating with the Buyer EITHER in order to create and then post online advertising media content for the goods or services of the Buyers on their own online platforms on the Internet on their own online platforms, OR in order to attract the attention and popularize the Creator's own personality (individual) and his blog / s , or another individual among Internet users using references to the Buyers and / or their goods / services. Note: The implementation by the Creator (individual) of actions aimed at advertising himself and / or his site (blogs), or another natural person, is not the implementation of the entrepreneurial activity by the Creator, even though in his media content mentions of the Buyer and / or its products / services.
CHANGES
GENERAL USE
USE OF THE APPLICATION AND THE APPLICATION SERVICES
AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD
"BEHYPE" MARKETPLACE
USING THE APP
USERS: CREATORS AND BUYERS
COST OF SERVICES AND PAYMENT PROCEDURE
SUCCESSFUL DEAL
UNSUCCESSFUL DEAL
PAYMENTS
PRIVACY POLICY
LINKS TO THIRD PARTY SITES
APPLICATIONS
UNAUTHORIZED ACTIVITIES
PROPERTY RIGHTS
INTELLECTUAL PROPERTY VIOLATION
DISCLAIMER OF WARRANTIES
GENERAL INFORMATION AND LIMITATION OF LIABILITY
COMPENSATION FOR DAMAGE
DISPUTES AND APPLICABLE LEGISLATION
FULL AGREEMENT, DISCLAIMER AND EXCLUSIONS
LOCAL LEGISLATION; EXPORT CONTROL
FEEDBACK
DISPUTE RESOLUTION
TO CONTACT US
2. SUBJECT OF THE CONTRACT
2.1. On the terms established by this Agreement, We provide you with services for the provision of online space for interaction between users of the social networks Instagram and TikTok in order to promote your accounts on social networks.
3.USING THE APP
CHANGES.
3.1. We may change the Materials and Services We offer to you and / or decide to change, suspend or discontinue this Application at any time and without notice to you. We may also change, update, add or remove provisions (collectively "modifications") of these Terms from time to time. We promise to inform you of any changes to these Terms by posting them on this Website and, if you have registered with us, describing the changes to these Terms in an email that We will send to the address you provided upon registration. To be sure that we reach your inbox correctly, we ask you to inform us if your preferred email address changes at any time after your registration.
3.2 If you object to any such changes, your only recourse is to stop using this application. Your continued use of this app after notification of any such changes means that you acknowledge and agree to be bound by those changes. In addition, please be aware that these Terms may be superseded by clearly marked legal notices or terms posted on certain pages of this Application. These expressly indicated legal notices or terms are incorporated into these Terms and supersede the provisions of these Terms, which are designated as superseded.
4. GENERAL USE.
4.1. By using this application, you warrant that you are of legal age. If you are under the age of majority, you must have adult permission to use this application and agree to its terms, and that adult must be a parent or legal guardian who wishes to be responsible for your use of this application.
4.2. In these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and display the Materials; Your right to use the Materials is subject to your compliance with these Terms. You have no other rights in this application or any materials, and you may not modify, edit, copy, reproduce, create derivative works, reverse engineer, modify, improve or in any way use any of this application or materials in any way. way. If you make copies of the Website or App for Permitted Purposes, we ask that you keep on the copies all of our copyright and other proprietary notices as they appear on that App.
4.3. If you violate any of these Terms, the above license will automatically terminate and you must immediately destroy all downloaded or printed Materials (and any copies thereof).
5. USE OF THIS APPLICATION AND THE APPLICATION SERVICES.
5.1. To access the application and to use certain services and materials offered in and through this application, you must successfully register an account on our platform.
6. AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD.
6.1 If you wish to create an account with us, you must provide the following information through the account registration page in this application:
6.1.1. Phone number;
6.1.2. TikTok username;
6.1.3 Instagram username;
6.1.4. Working email address;
6.2. You can also provide additional, optional information so that we can provide you with a more personalized approach to using this application, but we will leave that decision to you. After you submit the required registration information, you can use the services of the application. While you are using your account, you agree to provide true, accurate, current and complete information that you can obtain by logging into your account and making the appropriate changes directly or by contacting us using the contact information below and we can make changes for you ... The code for visiting the application will be sent to your phone number during registration. If you exit the application, enter your phone number and you will receive a new message with a code to enter.
6.3 You are responsible for compliance with these Terms when you access this Application directly or through any account that you may set up through or in this Application. Since this is your account, it is your job to obtain and maintain all the technical issues required to access and use this application, and to pay the applicable fees. You are also responsible for maintaining the confidentiality of your code and passwords, including any third-party site password that We may authorize you to use to access this application. If you believe that your code or the security of this application has been compromised in any way, you must notify us immediately.
7. "BEHYPE" MARKETPLACE
7.1 As part of the Services offered in connection with the Application ("BEHYPE Marketplace"), you may be allowed to use the Services to sell personalized videos as a "Creator" to other users as "Buyers". You must be 18 years old to sell videos to Buyers as Creator. There may be additional terms applicable to the purchase of videos from certain Creators on that Creator's page or otherwise set forth in the App. As the Creator, you acknowledge and agree that the videos are User Submissions as set forth below and are subject to the terms, conditions, restrictions, assignments and licenses below in respect of the same. You acknowledge and agree that We will receive a portion of the fees paid for the provision of services and the sale of any videos and photos through the BEHYPE marketplace. You understand and agree that we are simply providing the "BEHYPE" marketplace and are not a party to any transaction regarding the purchase or sale of your content, and cannot and will not be responsible for ensuring that the content is indeed provided or meets a specific quality standard. We do not control the actions of any Creators or Buyers, and the Creators are not our employees. You hereby acknowledge that We do not control the Creators in their creation or sale of content. You agree to indemnify Us for any losses associated with your purchase or use of content (as a Buyer) or your creation and sale of content (as a Creator).
7.2.YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTIONS AND YOU frees us from any liability with respect to them or the purchase or sold in the market content services WE DISCLAIM ALL WARRANTIES OF SERVICES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKING SERVICE, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, RULE OR CODE.
7.3 No Creator may collect any information from or related to Buyer ("Buyer Information"), whether through the Services or otherwise, other than what is necessary to create and sell content to the relevant Buyer, from or about where such Buyer Information was collected. The Creator shall also not use any Buyer Information beyond what is necessary to create and sell content for such an applicable Buyer. Upon completion of the Creator's creation and sale of content to the relevant Buyer (or otherwise at the request of such Buyer or Us), the Creator must properly destroy all Buyer Information received from or related to such Buyer and not use it in the future. The creator must collect, use, maintain and share all information about the purchaser in accordance with all applicable laws.
7.4 In the event of a dispute between participants in the Application or services, or between users and any third party, you agree that We are not obligated to participate. In the event of a dispute with one or more other users, you release Us, our directors, officers, employees, agents and assignees from claims, demands and damages of any kind or nature, known or unknown, suspected or unexpected, disclosed or undisclosed, arising as a result of or in any way related to such disputes and / or our services. You must and hereby waive the section of the Civil Code of any jurisdiction that essentially states: "The general exemption does not apply to claims of which the creditor or issuing party is unaware or suspicious of the existence of his or her favor at the time of the execution of the exemption, and this, if he or she knew, would materially affect his or her settlement with the debtor or the exempted party. "
8.USING THE APP
8.1 Access to the Application is provided to ALL Users on the terms of this Offer and in accordance with the Commercial Terms, which are an integral part of this Offer.In addition to this Offer, the agreement between "BEHYPE" and the Users includes all special documents governing the provision of access to certain functionality of the Application and posted in the relevant sections of the Application. 8.2. A prerequisite for using the APPLICATION is your guarantee that: (a) as an individual - you have reached the age of majority (18+); as a legal entity or individual entrepreneur - you are registered and carry out business activities in accordance with the procedure established by Russian legislation; (b) you have full legal authority (legal capacity and legal capacity) to accept and comply with legal obligations; (c) you will use the Application in accordance with this Offer; and (d) all Materials provided by you on the Application contain true, accurate, current and complete information, and you have the necessary rights to publish them on the Application. (e) Access to the Application is not acquired for personal, family, home or other use not related to business activities. 8.2. "BEHYPE" reserves the right, at its sole discretion, to deny anyone access to the Application or its functions, at any time and for any reason, including due to a violation of the terms of this Offer. 8.3. The Advertiser undertakes to stop using the Application immediately after receiving a corresponding notification from "BEHYPE". 8.4. The Application is a platform that allows Users (Buyers) to independently, at their own peril and risk, place proposals for organizing advertising Campaigns addressed to other Users (Creators) to make transactions in relation to the services they provide, and Users (Executors) have the right to take the discretion and on their own responsibility the offers received by them from the Users (Buyers) through the Application, concluding with them the corresponding Campaign Agreement / Task. 8.5. The Application is not the organizer of the transaction, intermediary, agent or representative of any Buyer / Creator and / or other interested party in relation to the proposed / concluded Campaign Agreement / Assignment between the Buyer and the Creator, unless otherwise agreed between the Buyer and "BEHYPE" in a separate agency agreement at BEHYPE's discretion. All concluded and executed due to the placement of Materials in the Application of the Campaign Agreements / Tasks between the users of the Application are concluded and executed without the direct or indirect participation of "BEHYPE" . 8.6. The Buyer has the right to place offers on the organization of advertising Campaigns, acting as an agent on behalf of third parties. At the same time, the Buyer-Agent is fully responsible for the availability of rights to post materials on the Application, the rights to which belong to third parties, including trademarks, etc. The Buyer-Agent is obliged, upon request of "BEHYPE", within 3 (three) business days to provide documents confirming the rights of "BEHYPE" to act on behalf of a third party and use the materials belonging to him in the Application. Otherwise, "BEHYPE" has the right to block the Buyer-Agent from access to the Application, and the Buyer-agent is obliged to reimburse "BEHYPE" for all damages, including, but not limited to, the amount of compensation presented by the copyright holders, as well as fines from state authorities.
9. COST OF SERVICES AND PAYMENT PROCEDURE
9.1 The use of the Application is free of charge.
9.2. "BEHYPE" application assists the Buyer in transferring payments to the Contractor for the services provided by the Creator to the Buyer based on the results of accepted applications.
9.3. The "BEHYPE" application calculates a commission on a successful transaction in the amount of 12% of the order amount or the Creator's price for creating content for the Buyer. The commission is paid by the Buyer in case of a successful transaction, which is charged and held when creating a campaign and sending an application to the Contractor. If the Creator refuses or an unsuccessful transaction, the money is returned to the buyer's balance, excluding the commission of the One Vision payment system.
9.4 Payments are credited to the Electronic balance of the Creator upon a successful transaction.
9.5 The Buyer and the Creator are notified about the crediting of funds to the Electronic Balance by means of a notification in the Personal Profile. The Creator has the right at any time to request the Application Owner to transfer the amounts due to him from the Electronic Balance to the current account specified when filling out the application by filling out the corresponding application through the Personal Profile. The minimum withdrawal amount is 1000 (one thousand) tenge. The payment system may provide for a separate commission for withdrawing funds. To transfer funds, the Creator undertakes to indicate his current personal and bank data (including card data). "BEHYPE" is not responsible for the errors of the Creator, indicated when filling out the corresponding applications. The creator has the right to change the data at any time. The transfer of funds is carried out within 5 (five) banking days. Withdrawal requests are accepted around the clock.
9.6. Services to assist in the transfer of money are considered to be rendered in full at the time the funds are transferred to the Contractor from the Buyer's Electronic Account to the Creator's Electronic Balance. The basis for such payment is the Offer confirmed by the Buyer and the Creator, in which the Parties have agreed on the essential conditions, including but not limited to its terms, cost, posting procedure and / or the procedure for creating content.
9.7. If the Buyer is an individual, then the Creator is solely responsible for paying taxes and other fees on all amounts received for the services rendered.
9.8. If the Buyer is a legal entity, then after accepting the Offer, the Buyer bears responsibility for paying taxes on all amounts for the services rendered by the Creator and other payments established by the legislation of the Republic of Kazakhstan.
9.9. "BEHYPE" hereby confirms that it does not store the financial data of the Buyer and the Creator. Such information, as well as processing of payments, is carried out by the One Vision Payment System.
10 SUCCESSFUL DEAL
10.1 The Creator undertakes to complete the creation of content in accordance with the terms of the application sent by the Buyer. If you agree to the campaign, a deal is opened in the application, in which 10.2. The contractor is obliged to complete the task within 7 days and download the statistics report for approval by the buyer.
11 UNSUCCESSFUL TRANSACTION
11. In case of non-compliance with the conditions of the application, the Buyer can contact the assistance. In this case, the transaction is frozen to resolve the dispute. The transaction is not successful ONLY UNDER THE CONDITIONS THAT THE CONDITIONS OF THE APPLICATION WERE NOT FULFILLED BY THE CREATOR. IF THE BUYER ASKED FOR HELP FOR ANY OTHER REASON NOT DESCRIBED IN THE TERMS OF THE APPLICATION TO THE CREATOR, THE TRANSACTION IS SUCCESSFUL AND THE PAYMENT FOR THE SERVICES WILL BE TRANSFERRED TO THE BALANCE OF THE CREATOR.
12. PAYMENTS.
12.1 You agree to pay all applicable fees associated with your use of this application and our services. Please note that any payment terms presented to you in the course of using or subscribing to a Paid Service will be deemed to be part of these Terms.
12.2 We may suspend or terminate your account and / or access to our services and this application if your payment is delayed and / or your proposed payment method (eg credit card) ("Payment Method") cannot be processed. By providing a Payment Method, you expressly authorize Us to collect the applicable fees for the Payment Method indicated, as well as taxes and other fees collected from it at regular intervals, all of which depend on your particular membership and services used. You agree to pay using your chosen 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. If we, through the Payment System (as defined below), do not receive payment from you, you agree to pay all amounts due in your Payment Account (as defined below) upon request.
12.3 We understand that you may cancel your account, but please be aware that We will not provide refunds and you will be responsible for paying any balance due in the account. To simplify matters, you agree that We may charge any unpaid commission using the Payment Method you provide and / or bill You for such unpaid commission.
12.4 Payments will be processed by third-party payment systems ("Payment Operators") through the payment account associated with your account in the Services (your "Balance") for using the Paid Services. We currently use One Vision as our payment processors and you can view their Terms of Service at https://onevision.kz/ respectively and their 12.5 Privacy Policy. Payment processing will be governed by the terms and privacy policy of the applicable Payment Processor in addition to these Terms, and you agree as a condition of making payments as a Buyer or receiving payments as a Creator to comply with the terms of such Payment Processors as they may be updated from time to time. Violation of the terms provided by such Payment Processors may result in withholding payments in addition to any other rights or remedies that We may have by law or under these Terms. We are not responsible for any errors or other actions or omissions of the Payment Processors. By choosing to use Paid Services, you agree to pay Us, through the Payment Processors, all fees at the prices in effect at that time for any use of such Paid Services in accordance with the applicable payment terms and you authorize us through the applicable Payment. A processor to charge you for the payment method you choose. We reserve the right to correct any errors or mistakes made by the Payment Operator, even if he has already requested or received payment.
12.6 You must provide current, complete and accurate information for your account. You must immediately update all information to maintain a current, complete and accurate account account (for example, change of account address, credit card number or credit card expiration date, or if you become aware of a potential security breach such as unauthorized disclosure or use of your username or password. Changes to such information can be implemented in your account settings. If you do not provide any of the above information, you agree that we can continue to pay for any use of paid services of your countable account, if you do not stop their paid services, as stated above.
12.7 If the amount to be debited from your billing account differs from the amount that you have previously authorized (except in cases related to the introduction or change of the amount of government sales taxes), you are entitled to receive, and we will provide a notice of the amount to be debited, and the date of the write-off before the scheduled date of the transaction. Any agreement you have with your payment service provider will govern your use of your Payment Method. You agree that We may accumulate costs incurred and present them as one or more cumulative costs during or at the end of each billing cycle.
12.8 Your non-termination or continued use of a Paid Service confirms that We are authorized to charge your Payment Method for that Paid Service. We may submit these fees for payment and you will be responsible for such fees. This does not negate our right to request payment directly from you. Your expenses may be paid in advance, late, for use, or otherwise, as described when you originally chose to use the Paid Service.
13. PRIVACY POLICY.
13.1 We respect the information you provide to us and we want to be sure that you fully understand how We use this information. So please read our Privacy Policy ("Privacy Policy") available at BEHYPE.io/confidentialpolicy which explains everything. Children's Online Privacy Protection Act
13.2 The Children's Online Privacy Protection Act ("COPPA") requires online service providers to obtain parental consent before they knowingly collect personal information online from children under the age of 13. We do not knowingly collect or solicit personal information from children under the age of 13; If you are a child under the age of 13, please do not attempt to register or otherwise use the Services or send any personal information to Us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as soon as possible. If you believe that a child under the age of 13 may have provided Personal Information to Us, please contact us at support@BEHYPE.com.
14. LINKS TO THIRD PARTY SITES.
14.1 We think the links are convenient and sometimes we provide links to third party sites in this application. If you use these links, you will leave this application. We are not obligated to view any third party sites and applications that you link to from this Application, We do not control any third party sites and applications, and We are not responsible for any third party sites and applications (or products, services, or content accessible through any of them). Therefore, We do not endorse or make any representations about such third party sites and applications, any information, software, products, services or materials found on them, or any results that may be obtained from their use. If you choose to access any of the third party sites and applications that are linked from this application, you do so solely at your own risk and must comply with the privacy policies and terms for those third party sites and applications.
1.General provision
Welcome to the BEHYPE.io website and the "BEHYPE" ("We", "Our") app and thank you for visiting. We hope you enjoy this experience!
1.1. These Terms of Use ("Terms") constitute a legal agreement between You and Us (collectively "All") and govern your use of all text, data, information, software, graphics, photographs and other (all of which we refer to " Materials ") that We and our affiliates may provide to you, as well as any services (" Services ") that we may provide through any of our applications (all of which in these Terms are referred to as" Website "and" Application " ).
1.2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE VIEWING THIS WEBSITE AND APPLICATION. THE USE OF THIS WEBSITE AND THE APPLICATION INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY CONDITION , YOU CANNOT USE THIS WEBSITE OR APPLICATION
In this offer, the following terms and definitions are used:
"We", "Ours" - BEHYPE.IO website, BEHYPE application, participants of "BEHYPE" LLP
"Website" - the BEHYPE.IO website, where you can get acquainted with all the necessary information about our services, the BEHYPE application and "BEHYPE" LLP.
"Application" - The BEHYPE Application for providing an online space for interaction between users of social networks Instagram and TikTok in order to promote your accounts on social networks.
"Materials" - any material in the form of digital content: photos, videos, text, but not limited to the parent, used on the BEHYPE.IO website or the BEHYPE application, as well as any content posted and / or uploaded by you through the BEHYPE.IO website or BEHYPE app.
"Users" - any person who has registered in the application in accordance with the terms of this offer is a user of the application. Users can act as both the Buyer and the Creator in the "BEHYPE" application, and create requests on behalf of the Buyer or provide services on behalf of the Creator.
"Buyer", "You" - individuals and legal entities that have a Profile in the application and are interested in purchasing services provided by the Creators, namely in organizing advertising campaigns in order to promote their own goods, services, results of intellectual or other activities by posting information on online sites owned by the Creators on the basis of management rights.
"Creator" "You" - individuals and legal entities that have a Profile in the application and provide services for the creation of advertising online media content (videos, articles, banners, posters, etc.), visiting, viewing or otherwise using the Application, including communicating with the Buyer EITHER in order to create and then post online advertising media content for the goods or services of the Buyers on their own online platforms on the Internet on their own online platforms, OR in order to attract the attention and popularize the Creator's own personality (individual) and his blog / s , or another individual among Internet users using references to the Buyers and / or their goods / services. Note: The implementation by the Creator (individual) of actions aimed at advertising himself and / or his site (blogs), or another natural person, is not the implementation of the entrepreneurial activity by the Creator, even though in his media content mentions of the Buyer and / or its products / services.
CHANGES
GENERAL USE
USE OF THE APPLICATION AND THE APPLICATION SERVICES
AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD
"BEHYPE" MARKETPLACE
USING THE APP
USERS: CREATORS AND BUYERS
COST OF SERVICES AND PAYMENT PROCEDURE
SUCCESSFUL DEAL
UNSUCCESSFUL DEAL
PAYMENTS
PRIVACY POLICY
LINKS TO THIRD PARTY SITES
APPLICATIONS
UNAUTHORIZED ACTIVITIES
PROPERTY RIGHTS
INTELLECTUAL PROPERTY VIOLATION
DISCLAIMER OF WARRANTIES
GENERAL INFORMATION AND LIMITATION OF LIABILITY
COMPENSATION FOR DAMAGE
DISPUTES AND APPLICABLE LEGISLATION
FULL AGREEMENT, DISCLAIMER AND EXCLUSIONS
LOCAL LEGISLATION; EXPORT CONTROL
FEEDBACK
DISPUTE RESOLUTION
TO CONTACT US
2. SUBJECT OF THE CONTRACT
2.1. On the terms established by this Agreement, We provide you with services for the provision of online space for interaction between users of the social networks Instagram and TikTok in order to promote your accounts on social networks.
3.USING THE APP
CHANGES.
3.1. We may change the Materials and Services We offer to you and / or decide to change, suspend or discontinue this Application at any time and without notice to you. We may also change, update, add or remove provisions (collectively "modifications") of these Terms from time to time. We promise to inform you of any changes to these Terms by posting them on this Website and, if you have registered with us, describing the changes to these Terms in an email that We will send to the address you provided upon registration. To be sure that we reach your inbox correctly, we ask you to inform us if your preferred email address changes at any time after your registration.
3.2 If you object to any such changes, your only recourse is to stop using this application. Your continued use of this app after notification of any such changes means that you acknowledge and agree to be bound by those changes. In addition, please be aware that these Terms may be superseded by clearly marked legal notices or terms posted on certain pages of this Application. These expressly indicated legal notices or terms are incorporated into these Terms and supersede the provisions of these Terms, which are designated as superseded.
4. GENERAL USE.
4.1. By using this application, you warrant that you are of legal age. If you are under the age of majority, you must have adult permission to use this application and agree to its terms, and that adult must be a parent or legal guardian who wishes to be responsible for your use of this application.
4.2. In these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use and display the Materials; Your right to use the Materials is subject to your compliance with these Terms. You have no other rights in this application or any materials, and you may not modify, edit, copy, reproduce, create derivative works, reverse engineer, modify, improve or in any way use any of this application or materials in any way. way. If you make copies of the Website or App for Permitted Purposes, we ask that you keep on the copies all of our copyright and other proprietary notices as they appear on that App.
4.3. If you violate any of these Terms, the above license will automatically terminate and you must immediately destroy all downloaded or printed Materials (and any copies thereof).
5. USE OF THIS APPLICATION AND THE APPLICATION SERVICES.
5.1. To access the application and to use certain services and materials offered in and through this application, you must successfully register an account on our platform.
6. AREAS OF THIS APPLICATION PROHIBITED BY PASSWORD.
6.1 If you wish to create an account with us, you must provide the following information through the account registration page in this application:
6.1.1. Phone number;
6.1.2. TikTok username;
6.1.3 Instagram username;
6.1.4. Working email address;
6.2. You can also provide additional, optional information so that we can provide you with a more personalized approach to using this application, but we will leave that decision to you. After you submit the required registration information, you can use the services of the application. While you are using your account, you agree to provide true, accurate, current and complete information that you can obtain by logging into your account and making the appropriate changes directly or by contacting us using the contact information below and we can make changes for you ... The code for visiting the application will be sent to your phone number during registration. If you exit the application, enter your phone number and you will receive a new message with a code to enter.
6.3 You are responsible for compliance with these Terms when you access this Application directly or through any account that you may set up through or in this Application. Since this is your account, it is your job to obtain and maintain all the technical issues required to access and use this application, and to pay the applicable fees. You are also responsible for maintaining the confidentiality of your code and passwords, including any third-party site password that We may authorize you to use to access this application. If you believe that your code or the security of this application has been compromised in any way, you must notify us immediately.
7. "BEHYPE" MARKETPLACE
7.1 As part of the Services offered in connection with the Application ("BEHYPE Marketplace"), you may be allowed to use the Services to sell personalized videos as a "Creator" to other users as "Buyers". You must be 18 years old to sell videos to Buyers as Creator. There may be additional terms applicable to the purchase of videos from certain Creators on that Creator's page or otherwise set forth in the App. As the Creator, you acknowledge and agree that the videos are User Submissions as set forth below and are subject to the terms, conditions, restrictions, assignments and licenses below in respect of the same. You acknowledge and agree that We will receive a portion of the fees paid for the provision of services and the sale of any videos and photos through the BEHYPE marketplace. You understand and agree that we are simply providing the "BEHYPE" marketplace and are not a party to any transaction regarding the purchase or sale of your content, and cannot and will not be responsible for ensuring that the content is indeed provided or meets a specific quality standard. We do not control the actions of any Creators or Buyers, and the Creators are not our employees. You hereby acknowledge that We do not control the Creators in their creation or sale of content. You agree to indemnify Us for any losses associated with your purchase or use of content (as a Buyer) or your creation and sale of content (as a Creator).
7.2.YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRANSACTIONS AND YOU frees us from any liability with respect to them or the purchase or sold in the market content services WE DISCLAIM ALL WARRANTIES OF SERVICES, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKING SERVICE, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, RULE OR CODE.
7.3 No Creator may collect any information from or related to Buyer ("Buyer Information"), whether through the Services or otherwise, other than what is necessary to create and sell content to the relevant Buyer, from or about where such Buyer Information was collected. The Creator shall also not use any Buyer Information beyond what is necessary to create and sell content for such an applicable Buyer. Upon completion of the Creator's creation and sale of content to the relevant Buyer (or otherwise at the request of such Buyer or Us), the Creator must properly destroy all Buyer Information received from or related to such Buyer and not use it in the future. The creator must collect, use, maintain and share all information about the purchaser in accordance with all applicable laws.
7.4 In the event of a dispute between participants in the Application or services, or between users and any third party, you agree that We are not obligated to participate. In the event of a dispute with one or more other users, you release Us, our directors, officers, employees, agents and assignees from claims, demands and damages of any kind or nature, known or unknown, suspected or unexpected, disclosed or undisclosed, arising as a result of or in any way related to such disputes and / or our services. You must and hereby waive the section of the Civil Code of any jurisdiction that essentially states: "The general exemption does not apply to claims of which the creditor or issuing party is unaware or suspicious of the existence of his or her favor at the time of the execution of the exemption, and this, if he or she knew, would materially affect his or her settlement with the debtor or the exempted party. "
8.USING THE APP
8.1 Access to the Application is provided to ALL Users on the terms of this Offer and in accordance with the Commercial Terms, which are an integral part of this Offer.In addition to this Offer, the agreement between "BEHYPE" and the Users includes all special documents governing the provision of access to certain functionality of the Application and posted in the relevant sections of the Application. 8.2. A prerequisite for using the APPLICATION is your guarantee that: (a) as an individual - you have reached the age of majority (18+); as a legal entity or individual entrepreneur - you are registered and carry out business activities in accordance with the procedure established by Russian legislation; (b) you have full legal authority (legal capacity and legal capacity) to accept and comply with legal obligations; (c) you will use the Application in accordance with this Offer; and (d) all Materials provided by you on the Application contain true, accurate, current and complete information, and you have the necessary rights to publish them on the Application. (e) Access to the Application is not acquired for personal, family, home or other use not related to business activities. 8.2. "BEHYPE" reserves the right, at its sole discretion, to deny anyone access to the Application or its functions, at any time and for any reason, including due to a violation of the terms of this Offer. 8.3. The Advertiser undertakes to stop using the Application immediately after receiving a corresponding notification from "BEHYPE". 8.4. The Application is a platform that allows Users (Buyers) to independently, at their own peril and risk, place proposals for organizing advertising Campaigns addressed to other Users (Creators) to make transactions in relation to the services they provide, and Users (Executors) have the right to take the discretion and on their own responsibility the offers received by them from the Users (Buyers) through the Application, concluding with them the corresponding Campaign Agreement / Task. 8.5. The Application is not the organizer of the transaction, intermediary, agent or representative of any Buyer / Creator and / or other interested party in relation to the proposed / concluded Campaign Agreement / Assignment between the Buyer and the Creator, unless otherwise agreed between the Buyer and "BEHYPE" in a separate agency agreement at BEHYPE's discretion. All concluded and executed due to the placement of Materials in the Application of the Campaign Agreements / Tasks between the users of the Application are concluded and executed without the direct or indirect participation of "BEHYPE" . 8.6. The Buyer has the right to place offers on the organization of advertising Campaigns, acting as an agent on behalf of third parties. At the same time, the Buyer-Agent is fully responsible for the availability of rights to post materials on the Application, the rights to which belong to third parties, including trademarks, etc. The Buyer-Agent is obliged, upon request of "BEHYPE", within 3 (three) business days to provide documents confirming the rights of "BEHYPE" to act on behalf of a third party and use the materials belonging to him in the Application. Otherwise, "BEHYPE" has the right to block the Buyer-Agent from access to the Application, and the Buyer-agent is obliged to reimburse "BEHYPE" for all damages, including, but not limited to, the amount of compensation presented by the copyright holders, as well as fines from state authorities.
9. COST OF SERVICES AND PAYMENT PROCEDURE
9.1 The use of the Application is free of charge.
9.2. "BEHYPE" application assists the Buyer in transferring payments to the Contractor for the services provided by the Creator to the Buyer based on the results of accepted applications.
9.3. The "BEHYPE" application calculates a commission on a successful transaction in the amount of 12% of the order amount or the Creator's price for creating content for the Buyer. The commission is paid by the Buyer in case of a successful transaction, which is charged and held when creating a campaign and sending an application to the Contractor. If the Creator refuses or an unsuccessful transaction, the money is returned to the buyer's balance, excluding the commission of the One Vision payment system.
9.4 Payments are credited to the Electronic balance of the Creator upon a successful transaction.
9.5 The Buyer and the Creator are notified about the crediting of funds to the Electronic Balance by means of a notification in the Personal Profile. The Creator has the right at any time to request the Application Owner to transfer the amounts due to him from the Electronic Balance to the current account specified when filling out the application by filling out the corresponding application through the Personal Profile. The minimum withdrawal amount is 1000 (one thousand) tenge. The payment system may provide for a separate commission for withdrawing funds. To transfer funds, the Creator undertakes to indicate his current personal and bank data (including card data). "BEHYPE" is not responsible for the errors of the Creator, indicated when filling out the corresponding applications. The creator has the right to change the data at any time. The transfer of funds is carried out within 5 (five) banking days. Withdrawal requests are accepted around the clock.
9.6. Services to assist in the transfer of money are considered to be rendered in full at the time the funds are transferred to the Contractor from the Buyer's Electronic Account to the Creator's Electronic Balance. The basis for such payment is the Offer confirmed by the Buyer and the Creator, in which the Parties have agreed on the essential conditions, including but not limited to its terms, cost, posting procedure and / or the procedure for creating content.
9.7. If the Buyer is an individual, then the Creator is solely responsible for paying taxes and other fees on all amounts received for the services rendered.
9.8. If the Buyer is a legal entity, then after accepting the Offer, the Buyer bears responsibility for paying taxes on all amounts for the services rendered by the Creator and other payments established by the legislation of the Republic of Kazakhstan.
9.9. "BEHYPE" hereby confirms that it does not store the financial data of the Buyer and the Creator. Such information, as well as processing of payments, is carried out by the One Vision Payment System.
10 SUCCESSFUL DEAL
10.1 The Creator undertakes to complete the creation of content in accordance with the terms of the application sent by the Buyer. If you agree to the campaign, a deal is opened in the application, in which 10.2. The contractor is obliged to complete the task within 7 days and download the statistics report for approval by the buyer.
11 UNSUCCESSFUL TRANSACTION
11. In case of non-compliance with the conditions of the application, the Buyer can contact the assistance. In this case, the transaction is frozen to resolve the dispute. The transaction is not successful ONLY UNDER THE CONDITIONS THAT THE CONDITIONS OF THE APPLICATION WERE NOT FULFILLED BY THE CREATOR. IF THE BUYER ASKED FOR HELP FOR ANY OTHER REASON NOT DESCRIBED IN THE TERMS OF THE APPLICATION TO THE CREATOR, THE TRANSACTION IS SUCCESSFUL AND THE PAYMENT FOR THE SERVICES WILL BE TRANSFERRED TO THE BALANCE OF THE CREATOR.
12. PAYMENTS.
12.1 You agree to pay all applicable fees associated with your use of this application and our services. Please note that any payment terms presented to you in the course of using or subscribing to a Paid Service will be deemed to be part of these Terms.
12.2 We may suspend or terminate your account and / or access to our services and this application if your payment is delayed and / or your proposed payment method (eg credit card) ("Payment Method") cannot be processed. By providing a Payment Method, you expressly authorize Us to collect the applicable fees for the Payment Method indicated, as well as taxes and other fees collected from it at regular intervals, all of which depend on your particular membership and services used. You agree to pay using your chosen 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. If we, through the Payment System (as defined below), do not receive payment from you, you agree to pay all amounts due in your Payment Account (as defined below) upon request.
12.3 We understand that you may cancel your account, but please be aware that We will not provide refunds and you will be responsible for paying any balance due in the account. To simplify matters, you agree that We may charge any unpaid commission using the Payment Method you provide and / or bill You for such unpaid commission.
12.4 Payments will be processed by third-party payment systems ("Payment Operators") through the payment account associated with your account in the Services (your "Balance") for using the Paid Services. We currently use One Vision as our payment processors and you can view their Terms of Service at https://onevision.kz/ respectively and their 12.5 Privacy Policy. Payment processing will be governed by the terms and privacy policy of the applicable Payment Processor in addition to these Terms, and you agree as a condition of making payments as a Buyer or receiving payments as a Creator to comply with the terms of such Payment Processors as they may be updated from time to time. Violation of the terms provided by such Payment Processors may result in withholding payments in addition to any other rights or remedies that We may have by law or under these Terms. We are not responsible for any errors or other actions or omissions of the Payment Processors. By choosing to use Paid Services, you agree to pay Us, through the Payment Processors, all fees at the prices in effect at that time for any use of such Paid Services in accordance with the applicable payment terms and you authorize us through the applicable Payment. A processor to charge you for the payment method you choose. We reserve the right to correct any errors or mistakes made by the Payment Operator, even if he has already requested or received payment.
12.6 You must provide current, complete and accurate information for your account. You must immediately update all information to maintain a current, complete and accurate account account (for example, change of account address, credit card number or credit card expiration date, or if you become aware of a potential security breach such as unauthorized disclosure or use of your username or password. Changes to such information can be implemented in your account settings. If you do not provide any of the above information, you agree that we can continue to pay for any use of paid services of your countable account, if you do not stop their paid services, as stated above.
12.7 If the amount to be debited from your billing account differs from the amount that you have previously authorized (except in cases related to the introduction or change of the amount of government sales taxes), you are entitled to receive, and we will provide a notice of the amount to be debited, and the date of the write-off before the scheduled date of the transaction. Any agreement you have with your payment service provider will govern your use of your Payment Method. You agree that We may accumulate costs incurred and present them as one or more cumulative costs during or at the end of each billing cycle.
12.8 Your non-termination or continued use of a Paid Service confirms that We are authorized to charge your Payment Method for that Paid Service. We may submit these fees for payment and you will be responsible for such fees. This does not negate our right to request payment directly from you. Your expenses may be paid in advance, late, for use, or otherwise, as described when you originally chose to use the Paid Service.
13. PRIVACY POLICY.
13.1 We respect the information you provide to us and we want to be sure that you fully understand how We use this information. So please read our Privacy Policy ("Privacy Policy") available at BEHYPE.io/confidentialpolicy which explains everything. Children's Online Privacy Protection Act
13.2 The Children's Online Privacy Protection Act ("COPPA") requires online service providers to obtain parental consent before they knowingly collect personal information online from children under the age of 13. We do not knowingly collect or solicit personal information from children under the age of 13; If you are a child under the age of 13, please do not attempt to register or otherwise use the Services or send any personal information to Us. If we learn that we have collected personal information from a child under the age of 13, we will delete that information as soon as possible. If you believe that a child under the age of 13 may have provided Personal Information to Us, please contact us at support@BEHYPE.com.
14. LINKS TO THIRD PARTY SITES.
14.1 We think the links are convenient and sometimes we provide links to third party sites in this application. If you use these links, you will leave this application. We are not obligated to view any third party sites and applications that you link to from this Application, We do not control any third party sites and applications, and We are not responsible for any third party sites and applications (or products, services, or content accessible through any of them). Therefore, We do not endorse or make any representations about such third party sites and applications, any information, software, products, services or materials found on them, or any results that may be obtained from their use. If you choose to access any of the third party sites and applications that are linked from this application, you do so solely at your own risk and must comply with the privacy policies and terms for those third party sites and applications.
15. APPLICATIONS.
15.1 Certain sections of this application may permit you to submit feedback, information, data, text, software, messages or other material (each called "User Information"). You agree that you are solely responsible for all of your User Submissions and that any such User Submissions will be considered non-confidential and non-proprietary, and you represent and warrant that you have all the rights necessary to in any way to contribute to the use of the User 15.2. The provision of services in the form in which you provide them. In addition, we do not guarantee that you will be able to edit or delete any User Submissions you submit.
15.3 Any information or content published or transmitted privately through the Services is the sole responsibility of the person from whom such information or content came from, and you access all such information and content at your own risk and we are not responsible for any errors or omissions in this information or content, or for any damage or loss that you may incur in connection with this. We have no control over and are under no obligation to take any action as to how you may interpret and use such information or content (including but not limited to any User Submissions) or what action you may take as a result of encountering such information or content, and you hereby release us from any responsibility for your acquiring or not acquiring such information or content through the Services. We cannot guarantee the identity of any users with whom you interact while using the Services, and are not responsible for which users access the Services.
15.4 By submitting any User Submissions, you warrant to Us that:
● You own all of the rights in Your User Submissions (including but not limited to all rights to reproduce and display your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions so that you can grant Us rights in your User Submissions. as described in these Terms;
● You have paid and / or will pay in full all license fees, clearance fees and other financial obligations of any kind arising from any use or commercial use of your User Content;
● Your User Submissions do not infringe on copyrights, trademarks, patents, trade secrets or other intellectual property rights, privacy rights, or any other legal or moral rights of third parties;
● You voluntarily agree to waive all "moral rights" that you may have in relation to your User Submissions;
● Any information contained in your User Submissions is not considered false, inaccurate or misleading;
● Your Submissions do not violate any laws or encourage violation of any laws (including but not limited to those governing export controls, consumer protection, unfair competition, anti-discrimination, marijuana, alcohol or drug use, or false advertisements);
● Your User Information does not endorse the use of drugs, alcohol or marijuana;
● Your User Submissions are not, and cannot reasonably be considered, defamatory, libelous, hateful, biased or offensive, unlawfully threatening or unlawfully offending to any person, partnership or corporation, vulgar, pornographic, obscene, or infringing on the privacy of others;
● You have not and will not receive compensation or remuneration from any third party for submitting your user information;
● Your User Information does not include material from a third-party application or address, email address, contact information, or phone numbers (other than your own);
● Your User Information does not contain viruses, worms, spyware, adware, or other potentially dangerous programs or files;
● Your User Information does not contain any information that you consider confidential, proprietary or personal; as well as
● Your User Submissions do not contain or represent unsolicited or unauthorized advertising, promotional material, junk mail, spam, happiness letters, pyramid schemes, or any other form of solicitation.
15.5. By submitting a User Application, you are granting Us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, free license (with multiple tiers of sublicense) so that we can:
● Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modifications thereof), in whole or in part, in any format or medium that is now known or was developed later;
● Use (and allow others to use) your User Submissions in any way and for any purpose (including but not limited to commercial purposes) that We consider appropriate in our sole discretion (including but not limited to the inclusion of your User Submissions or any changes thereto, in whole or in part, in any technology, product or service);
● Serve advertisements in connection with your User Submissions and use your User Submissions for advertising and promotional purposes.
● We may, but are not required to, pre-screen User Submissions or control any area of this Application through which 15.6 User Submissions may be submitted. We are not required to post, display or distribute any User Content on or through this Application, and we may remove or reject any User Content for any reason. We are not responsible for any loss, theft, or damage to any type of User Content. In addition, you agree that We may freely disclose Your User Submissions to any third party without any obligation of confidentiality on the part of the recipient.
16. UNAUTHORIZED ACTIVITIES.
16.1 For clarity, we only allow you to use this app for authorized purposes. Any other use of this Application outside of the Permitted Purposes is prohibited and therefore constitutes an unauthorized use of this Application. This is because, in the relationship between you and us, all rights in this application remain our property.
16.2. Unauthorized use of this application may violate various laws of the Republic of Kazakhstan and international copyright laws. Since We prefer this relationship to remain free of drama, We want to give you examples of what to avoid. Therefore, unless you have written permission from us stating otherwise, you are not allowed to use this application in any of the following ways (these are examples only, and the list below is not a complete list of everything that you are not allowed to do) ):
16.3. For any public or commercial purpose that includes the use of this Application on another site or through a networked computer environment;
● In a manner that modifies, publicly displays, publicly performs, reproduces or distributes our application;
● In a manner that violates or induces any third party to violate any local, state, national, foreign or international law, regulation, rule, order, treaty or other law;
● Harass, harass, or harm another person;
● Impersonate any natural or legal person or otherwise misrepresent your affiliation with a natural or legal person;
● To interfere with or disrupt the operation of this Application or the servers or networks connected to this Application;
● Use any data mining, robotic, or similar data collection or extraction methods in connection with this Application; or
● Attempt to gain unauthorized access to any part of this Application or to any other accounts, computer systems or networks connected to this Application, through hacking, brute-force attacks, or any other means.
16.4 You agree to hire lawyers to defend Us in the event that you violate these Terms if the violation creates problems for Us. You also agree to indemnify for any damage that We may need to pay as a result of your violation. You are solely responsible for any breach of these Terms by you. We reserve the right to assume exclusive protection and control over any matter that would otherwise be subject to redress on your part, in which case you agree to cooperate with our defense in such a claim.
17. PROPERTY RIGHTS.
17.1. "BEHYPE" is a trademark that belongs to Us. All names, logos and brands of third parties (e.g. TikTok, Instagram and their respective logos) displayed on our website are trademarks of their respective owners. "BEHYPE" and its products and services are not endorsed, sponsored, or affiliated with these third parties. We use these names, logos and brands for identification purposes only and do not imply any endorsement, sponsorship or affiliation.
17.2. Unless otherwise stated in these Terms, all Materials, including their placement in this Application, are Our exclusive property, Copyright © 2021, "BEHYPE". All rights not expressly granted in this document are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, rebroadcasting or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
18. INFRINGEMENT OF INTELLECTUAL PROPERTY.
18.1 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy to remove User Content that violates the intellectual property rights of others, suspend access to this Application (or any part of it) for any user who uses this Application in violation of someone else's intellectual property rights, and / or terminate access in the proper circumstances of the account of any user who uses this Application in violation of anyone else's intellectual property rights.
18.2 If you believe that your copyright or other intellectual property rights are being infringed by a user of this application, please send written notice to our agent for notification of infringement claims:
Gagarina 309, 40
Almaty, Kazakhstan
Phone: +77474465625
Email: legal@BEHYPE.io
18.3 To ensure that an issue is resolved immediately, your written notice must:
● Contain your physical or electronic signature;
● Identifying copyrighted work or other intellectual property that is allegedly infringed;
● It is sufficient to accurately identify the allegedly infringing material for us to locate the material;
● Contain adequate information by which we can contact you (including postal address, telephone number and email address);
● Contain a statement that you have a good faith belief that use of copyrighted material or other intellectual property is not authorized by the owner, owner's agent, or the law;
● Contain a statement that the information in the written notice is accurate; as well as
● Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other intellectual property rights.
18.4 If the notice does not concern copyright infringement or other intellectual property infringement, the Agent will not be able to resolve the indicated problem.
19.Send counter notification
19.1 We will notify You that We have removed or disabled access to copyrighted material that You have provided, if such removal is carried out in accordance with the legally received notice of removal. In response, you can send our agent a counter-written notice, which includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that was removed or access to which was disabled, as well as the place in which the material appeared before it was removed or access to it was blocked;
3. A statement from you, under penalty of perjury, that you in good faith believe that the material has been removed or disabled as a result of an error or misidentification of the material that should be removed or disabled; as well as
4. Your name, physical address and telephone number, and a statement that you agree with the jurisdiction of the court of the judicial district in which your physical address is located, or, if your physical address is outside the Republic of Kazakhstan, for any judicial areas, in which we may be located, and that you will accept litigation from or from the person submitting the notice of allegedly infringing material or from such person's agent.
19.2 We reserve the right, at our sole discretion, to terminate the account or access of any user of this Application or Service who is the subject of repeated notices of violation of the Law of the Republic of Kazakhstan on digital copyright or other violations.
20. DISCLAIMER OF WARRANTIES.
20.1 This application and services, including without limitation content purchased and sold on the BEHYPE Marketplace, are provided "as is" and "with all defects" and you are at your sole risk of quality.
20.1 We expressly disclaim all warranties (express, implied or statutory) with respect to this application, which include, but are not limited to, any implied or statutory warranties of commercial value, suitability or liability for a particular use infringement of intellectual property rights. This means that we do not promise you that the application will not run into problems. Without limiting the generality of the foregoing, we do not make any guarantees that this application will meet your requirements or that this application will be uninterrupted, timely, secure or error-free, or that defects in this application will be corrected. We make no warranties about the results that can be obtained by using this Application, or regarding the accuracy or reliability of any information obtained through this Application. Any advice or information, oral or written, received by you through this application, from us or our subsidiaries / other affiliated companies, does not create any warranties. We disclaim any just satisfaction.
21 GENERAL INFORMATION AND LIMITATION OF LIABILITY
21.1 The Application and Content are provided "as is" without representations or warranties of any kind.
21.2 Buyer and creator acknowledge that they use the app or content at their own risk.
21.3 "BEHYPE" makes no representations or reservations or guarantees as to the veracity, quality, accuracy, reliability, completeness, relevance, or timeliness of the application or content.
21.4 The Application and Content may contain errors, omissions and inaccuracies. "BEHYPE" is not responsible for any errors, omissions or inaccuracies in the application or content.
21.5. Behype makes no warranties of any kind with respect to a particular purchaser or creator.
21.6 To the fullest extent permitted by applicable law, "BEHYPE" disclaims all warranties, statements and conditions of any kind, express or implied, including but not limited to implied warranties and conditions of fitness for a particular purpose and non-infringement of intellectual property rights in relation to the application and content and that the application or content will run flawlessly or uninterruptedly.
21.7. Under no circumstances will "BEHYPE" be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal guarantee, for damage of any kind (including, without limitation, direct, incidental , consequential, special, punitive or sanctioned damages, loss of profits, inability to use, loss of data, injury, fines, fees or other obligations), regardless of whether BEHYPE is aware of the possibility of such damage caused by or in connection with with the use, or inability to use, the application or content or any task.
21.7. Buyers and creators are independent individuals or legal entities and are not contractors, agents or employees of "BEHYPE".
21.8. "BEHYPE" is not responsible for the actions, errors, omissions, violations or negligence of any of the buyers and creators, or for any personal injury, death, damage or other loss incurred as a result of this, and assumes no liability whatsoever. assignment.
21.9 Provided that the aforementioned restrictions do not apply, under no circumstances is BEHYPE's aggregate liability in connection with or in accordance with these terms of use, including by assignment, or use or inability to use the application or content, or any other claim regarding the rules or the possibility of using the application or content, will not exceed 40,000 (forty thousand) tenge. For the sake of clarity, the existence of one or more claims regarding these terms of use will not increase the maximum liability limit.
22. COMPENSATION FOR DAMAGE
22.1 The Buyer and the Creator undertakes to protect and indemnify "BEHYPE" and all of its officers, directors, employees and intermediaries from any claim, lawsuit, claim, indemnification, loss, damage, penalty, penalty or other expense of any kind or nature, including including, but not limited to reasonable legal and financial costs arising from or related to:
(a) a violation by the Buyer and the Creator of any of the guarantees, statements or obligations under these Rules or other agreements referred to in this document;
(b) violation of the norms of the legislation of the Republic of Kazakhstan or the rights of third parties (including including rights to objects of intellectual property);
(c) use of the Application by the Buyer and the Creator;
(d) violation or failure by the Buyer and the Creator or any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, as part of any Assignment; or
(e) the use by the Buyer and the Creator, or by any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, of any media content created by the Buyer and the Creator, or by third parties in accordance with the Assignment.
22.2. "BEHYPE" has the right to claim, and the Buyer and the Creator are obliged to indemnify all damages, including lost profits and legal costs, caused by "BEHYPE" as a result of the actions of the Buyer and the Creator specified in the Terms of Use.
23 DISPUTES AND APPLICABLE LAW
23.1. When resolving all disputes under these Rules, the current legislation of the Republic of Kazakhstan shall be applied.
23.2 In view of the fact that access to the Application is provided to the Buyer and the Creator free of charge within the framework of these Rules, the provisions of the Law "On Protection of Consumer Rights" do not apply to the relationship between the Buyer and the Creator and "BEHYPE".
23.3. Any violation or non-observance of these Rules entails the application by "BEHYPE" of the sanctions provided for by the Rules and / or the current administrative, criminal or civil legislation of the country on the territory of which the actions within the Application are performed.
23.4. Appeals, proposals and claims of individuals and legal entities to "BEHYPE" in connection with these Rules and all issues of the functioning of the Application, violation of the rights and interests of third parties when using it, as well as for inquiries of persons authorized by the legislation of the Republic of Kazakhstan can be sent by e-mail to the address: legal@BEHYPE.io.
23.5. All disputes arising under these Rules must be referred to the court in accordance with the territorial jurisdiction at the location of "BEHYPE" (Almaty).
23.6. Recognition of certain parts of these Rules as invalid does not cancel the effect of other provisions of these Rules.
24. FULL AGREEMENT, DISCLAIMERS AND EXCLUSIONS
24.1 These Rules constitute the entire agreement between BEHYPE and the Buyer and the Creator regarding the subject matter of this agreement, and this agreement supersedes all previous agreements and understandings between the Buyer and the Creator and "BEHYPE", both oral and written, regarding the Application.
24.2. The printed version of these Rules and any notice filed in electronic form is allowed in judicial or administrative proceedings, in accordance with these Rules to the same extent and on the same conditions as other documents and records created and used in printed form.
25 FEEDBACK.
25.1.Any sent by you to Us (for example, comments, questions, suggestions, materials - in the aggregate "Feedback") through any messages (for example, by phone, fax, e-mail) will be considered as non-confidential and non-proprietary. Except where prohibited by applicable law, you hereby transfer all rights, property rights and interests, and We can freely use, without any reference or compensation to you, any ideas, know-how, concepts, methods or other intellectual property and the proprietary rights contained in the Revocation, whether patentable or not, for any purpose, including but not limited to the design, manufacture, manufacture, licensing, marketing and sale, directly or indirectly, of products and services using such revocations. If the foregoing assignment is prohibited by law, you thereby grant Us an exclusive, perpetual, transferable, worldwide, free, fully paid license (including the right to sublicense) to use and exploit all reviews that we may determine at our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, demonstrate, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you are not entitled to request such use, demonstration, reproduction or distribution.
TO CONTACT US
Gagarina 309, 40
Almaty, Kazakhstan
Phone: +77474465625
Email: legal@BEHYPE.io
LLP "BEHYPE"
BIN 210640023172
15.1 Certain sections of this application may permit you to submit feedback, information, data, text, software, messages or other material (each called "User Information"). You agree that you are solely responsible for all of your User Submissions and that any such User Submissions will be considered non-confidential and non-proprietary, and you represent and warrant that you have all the rights necessary to in any way to contribute to the use of the User 15.2. The provision of services in the form in which you provide them. In addition, we do not guarantee that you will be able to edit or delete any User Submissions you submit.
15.3 Any information or content published or transmitted privately through the Services is the sole responsibility of the person from whom such information or content came from, and you access all such information and content at your own risk and we are not responsible for any errors or omissions in this information or content, or for any damage or loss that you may incur in connection with this. We have no control over and are under no obligation to take any action as to how you may interpret and use such information or content (including but not limited to any User Submissions) or what action you may take as a result of encountering such information or content, and you hereby release us from any responsibility for your acquiring or not acquiring such information or content through the Services. We cannot guarantee the identity of any users with whom you interact while using the Services, and are not responsible for which users access the Services.
15.4 By submitting any User Submissions, you warrant to Us that:
● You own all of the rights in Your User Submissions (including but not limited to all rights to reproduce and display your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions so that you can grant Us rights in your User Submissions. as described in these Terms;
● You have paid and / or will pay in full all license fees, clearance fees and other financial obligations of any kind arising from any use or commercial use of your User Content;
● Your User Submissions do not infringe on copyrights, trademarks, patents, trade secrets or other intellectual property rights, privacy rights, or any other legal or moral rights of third parties;
● You voluntarily agree to waive all "moral rights" that you may have in relation to your User Submissions;
● Any information contained in your User Submissions is not considered false, inaccurate or misleading;
● Your Submissions do not violate any laws or encourage violation of any laws (including but not limited to those governing export controls, consumer protection, unfair competition, anti-discrimination, marijuana, alcohol or drug use, or false advertisements);
● Your User Information does not endorse the use of drugs, alcohol or marijuana;
● Your User Submissions are not, and cannot reasonably be considered, defamatory, libelous, hateful, biased or offensive, unlawfully threatening or unlawfully offending to any person, partnership or corporation, vulgar, pornographic, obscene, or infringing on the privacy of others;
● You have not and will not receive compensation or remuneration from any third party for submitting your user information;
● Your User Information does not include material from a third-party application or address, email address, contact information, or phone numbers (other than your own);
● Your User Information does not contain viruses, worms, spyware, adware, or other potentially dangerous programs or files;
● Your User Information does not contain any information that you consider confidential, proprietary or personal; as well as
● Your User Submissions do not contain or represent unsolicited or unauthorized advertising, promotional material, junk mail, spam, happiness letters, pyramid schemes, or any other form of solicitation.
15.5. By submitting a User Application, you are granting Us an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, free license (with multiple tiers of sublicense) so that we can:
● Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display your User Submissions (or any modifications thereof), in whole or in part, in any format or medium that is now known or was developed later;
● Use (and allow others to use) your User Submissions in any way and for any purpose (including but not limited to commercial purposes) that We consider appropriate in our sole discretion (including but not limited to the inclusion of your User Submissions or any changes thereto, in whole or in part, in any technology, product or service);
● Serve advertisements in connection with your User Submissions and use your User Submissions for advertising and promotional purposes.
● We may, but are not required to, pre-screen User Submissions or control any area of this Application through which 15.6 User Submissions may be submitted. We are not required to post, display or distribute any User Content on or through this Application, and we may remove or reject any User Content for any reason. We are not responsible for any loss, theft, or damage to any type of User Content. In addition, you agree that We may freely disclose Your User Submissions to any third party without any obligation of confidentiality on the part of the recipient.
16. UNAUTHORIZED ACTIVITIES.
16.1 For clarity, we only allow you to use this app for authorized purposes. Any other use of this Application outside of the Permitted Purposes is prohibited and therefore constitutes an unauthorized use of this Application. This is because, in the relationship between you and us, all rights in this application remain our property.
16.2. Unauthorized use of this application may violate various laws of the Republic of Kazakhstan and international copyright laws. Since We prefer this relationship to remain free of drama, We want to give you examples of what to avoid. Therefore, unless you have written permission from us stating otherwise, you are not allowed to use this application in any of the following ways (these are examples only, and the list below is not a complete list of everything that you are not allowed to do) ):
16.3. For any public or commercial purpose that includes the use of this Application on another site or through a networked computer environment;
● In a manner that modifies, publicly displays, publicly performs, reproduces or distributes our application;
● In a manner that violates or induces any third party to violate any local, state, national, foreign or international law, regulation, rule, order, treaty or other law;
● Harass, harass, or harm another person;
● Impersonate any natural or legal person or otherwise misrepresent your affiliation with a natural or legal person;
● To interfere with or disrupt the operation of this Application or the servers or networks connected to this Application;
● Use any data mining, robotic, or similar data collection or extraction methods in connection with this Application; or
● Attempt to gain unauthorized access to any part of this Application or to any other accounts, computer systems or networks connected to this Application, through hacking, brute-force attacks, or any other means.
16.4 You agree to hire lawyers to defend Us in the event that you violate these Terms if the violation creates problems for Us. You also agree to indemnify for any damage that We may need to pay as a result of your violation. You are solely responsible for any breach of these Terms by you. We reserve the right to assume exclusive protection and control over any matter that would otherwise be subject to redress on your part, in which case you agree to cooperate with our defense in such a claim.
17. PROPERTY RIGHTS.
17.1. "BEHYPE" is a trademark that belongs to Us. All names, logos and brands of third parties (e.g. TikTok, Instagram and their respective logos) displayed on our website are trademarks of their respective owners. "BEHYPE" and its products and services are not endorsed, sponsored, or affiliated with these third parties. We use these names, logos and brands for identification purposes only and do not imply any endorsement, sponsorship or affiliation.
17.2. Unless otherwise stated in these Terms, all Materials, including their placement in this Application, are Our exclusive property, Copyright © 2021, "BEHYPE". All rights not expressly granted in this document are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, rebroadcasting or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
18. INFRINGEMENT OF INTELLECTUAL PROPERTY.
18.1 We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy to remove User Content that violates the intellectual property rights of others, suspend access to this Application (or any part of it) for any user who uses this Application in violation of someone else's intellectual property rights, and / or terminate access in the proper circumstances of the account of any user who uses this Application in violation of anyone else's intellectual property rights.
18.2 If you believe that your copyright or other intellectual property rights are being infringed by a user of this application, please send written notice to our agent for notification of infringement claims:
Gagarina 309, 40
Almaty, Kazakhstan
Phone: +77474465625
Email: legal@BEHYPE.io
18.3 To ensure that an issue is resolved immediately, your written notice must:
● Contain your physical or electronic signature;
● Identifying copyrighted work or other intellectual property that is allegedly infringed;
● It is sufficient to accurately identify the allegedly infringing material for us to locate the material;
● Contain adequate information by which we can contact you (including postal address, telephone number and email address);
● Contain a statement that you have a good faith belief that use of copyrighted material or other intellectual property is not authorized by the owner, owner's agent, or the law;
● Contain a statement that the information in the written notice is accurate; as well as
● Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other intellectual property rights.
18.4 If the notice does not concern copyright infringement or other intellectual property infringement, the Agent will not be able to resolve the indicated problem.
19.Send counter notification
19.1 We will notify You that We have removed or disabled access to copyrighted material that You have provided, if such removal is carried out in accordance with the legally received notice of removal. In response, you can send our agent a counter-written notice, which includes the following information:
1. Your physical or electronic signature;
2. Identification of the material that was removed or access to which was disabled, as well as the place in which the material appeared before it was removed or access to it was blocked;
3. A statement from you, under penalty of perjury, that you in good faith believe that the material has been removed or disabled as a result of an error or misidentification of the material that should be removed or disabled; as well as
4. Your name, physical address and telephone number, and a statement that you agree with the jurisdiction of the court of the judicial district in which your physical address is located, or, if your physical address is outside the Republic of Kazakhstan, for any judicial areas, in which we may be located, and that you will accept litigation from or from the person submitting the notice of allegedly infringing material or from such person's agent.
19.2 We reserve the right, at our sole discretion, to terminate the account or access of any user of this Application or Service who is the subject of repeated notices of violation of the Law of the Republic of Kazakhstan on digital copyright or other violations.
20. DISCLAIMER OF WARRANTIES.
20.1 This application and services, including without limitation content purchased and sold on the BEHYPE Marketplace, are provided "as is" and "with all defects" and you are at your sole risk of quality.
20.1 We expressly disclaim all warranties (express, implied or statutory) with respect to this application, which include, but are not limited to, any implied or statutory warranties of commercial value, suitability or liability for a particular use infringement of intellectual property rights. This means that we do not promise you that the application will not run into problems. Without limiting the generality of the foregoing, we do not make any guarantees that this application will meet your requirements or that this application will be uninterrupted, timely, secure or error-free, or that defects in this application will be corrected. We make no warranties about the results that can be obtained by using this Application, or regarding the accuracy or reliability of any information obtained through this Application. Any advice or information, oral or written, received by you through this application, from us or our subsidiaries / other affiliated companies, does not create any warranties. We disclaim any just satisfaction.
21 GENERAL INFORMATION AND LIMITATION OF LIABILITY
21.1 The Application and Content are provided "as is" without representations or warranties of any kind.
21.2 Buyer and creator acknowledge that they use the app or content at their own risk.
21.3 "BEHYPE" makes no representations or reservations or guarantees as to the veracity, quality, accuracy, reliability, completeness, relevance, or timeliness of the application or content.
21.4 The Application and Content may contain errors, omissions and inaccuracies. "BEHYPE" is not responsible for any errors, omissions or inaccuracies in the application or content.
21.5. Behype makes no warranties of any kind with respect to a particular purchaser or creator.
21.6 To the fullest extent permitted by applicable law, "BEHYPE" disclaims all warranties, statements and conditions of any kind, express or implied, including but not limited to implied warranties and conditions of fitness for a particular purpose and non-infringement of intellectual property rights in relation to the application and content and that the application or content will run flawlessly or uninterruptedly.
21.7. Under no circumstances will "BEHYPE" be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal guarantee, for damage of any kind (including, without limitation, direct, incidental , consequential, special, punitive or sanctioned damages, loss of profits, inability to use, loss of data, injury, fines, fees or other obligations), regardless of whether BEHYPE is aware of the possibility of such damage caused by or in connection with with the use, or inability to use, the application or content or any task.
21.7. Buyers and creators are independent individuals or legal entities and are not contractors, agents or employees of "BEHYPE".
21.8. "BEHYPE" is not responsible for the actions, errors, omissions, violations or negligence of any of the buyers and creators, or for any personal injury, death, damage or other loss incurred as a result of this, and assumes no liability whatsoever. assignment.
21.9 Provided that the aforementioned restrictions do not apply, under no circumstances is BEHYPE's aggregate liability in connection with or in accordance with these terms of use, including by assignment, or use or inability to use the application or content, or any other claim regarding the rules or the possibility of using the application or content, will not exceed 40,000 (forty thousand) tenge. For the sake of clarity, the existence of one or more claims regarding these terms of use will not increase the maximum liability limit.
22. COMPENSATION FOR DAMAGE
22.1 The Buyer and the Creator undertakes to protect and indemnify "BEHYPE" and all of its officers, directors, employees and intermediaries from any claim, lawsuit, claim, indemnification, loss, damage, penalty, penalty or other expense of any kind or nature, including including, but not limited to reasonable legal and financial costs arising from or related to:
(a) a violation by the Buyer and the Creator of any of the guarantees, statements or obligations under these Rules or other agreements referred to in this document;
(b) violation of the norms of the legislation of the Republic of Kazakhstan or the rights of third parties (including including rights to objects of intellectual property);
(c) use of the Application by the Buyer and the Creator;
(d) violation or failure by the Buyer and the Creator or any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, as part of any Assignment; or
(e) the use by the Buyer and the Creator, or by any third party acting on behalf of the Buyer and the Creator or with the permission of the Buyer and the Creator, of any media content created by the Buyer and the Creator, or by third parties in accordance with the Assignment.
22.2. "BEHYPE" has the right to claim, and the Buyer and the Creator are obliged to indemnify all damages, including lost profits and legal costs, caused by "BEHYPE" as a result of the actions of the Buyer and the Creator specified in the Terms of Use.
23 DISPUTES AND APPLICABLE LAW
23.1. When resolving all disputes under these Rules, the current legislation of the Republic of Kazakhstan shall be applied.
23.2 In view of the fact that access to the Application is provided to the Buyer and the Creator free of charge within the framework of these Rules, the provisions of the Law "On Protection of Consumer Rights" do not apply to the relationship between the Buyer and the Creator and "BEHYPE".
23.3. Any violation or non-observance of these Rules entails the application by "BEHYPE" of the sanctions provided for by the Rules and / or the current administrative, criminal or civil legislation of the country on the territory of which the actions within the Application are performed.
23.4. Appeals, proposals and claims of individuals and legal entities to "BEHYPE" in connection with these Rules and all issues of the functioning of the Application, violation of the rights and interests of third parties when using it, as well as for inquiries of persons authorized by the legislation of the Republic of Kazakhstan can be sent by e-mail to the address: legal@BEHYPE.io.
23.5. All disputes arising under these Rules must be referred to the court in accordance with the territorial jurisdiction at the location of "BEHYPE" (Almaty).
23.6. Recognition of certain parts of these Rules as invalid does not cancel the effect of other provisions of these Rules.
24. FULL AGREEMENT, DISCLAIMERS AND EXCLUSIONS
24.1 These Rules constitute the entire agreement between BEHYPE and the Buyer and the Creator regarding the subject matter of this agreement, and this agreement supersedes all previous agreements and understandings between the Buyer and the Creator and "BEHYPE", both oral and written, regarding the Application.
24.2. The printed version of these Rules and any notice filed in electronic form is allowed in judicial or administrative proceedings, in accordance with these Rules to the same extent and on the same conditions as other documents and records created and used in printed form.
25 FEEDBACK.
25.1.Any sent by you to Us (for example, comments, questions, suggestions, materials - in the aggregate "Feedback") through any messages (for example, by phone, fax, e-mail) will be considered as non-confidential and non-proprietary. Except where prohibited by applicable law, you hereby transfer all rights, property rights and interests, and We can freely use, without any reference or compensation to you, any ideas, know-how, concepts, methods or other intellectual property and the proprietary rights contained in the Revocation, whether patentable or not, for any purpose, including but not limited to the design, manufacture, manufacture, licensing, marketing and sale, directly or indirectly, of products and services using such revocations. If the foregoing assignment is prohibited by law, you thereby grant Us an exclusive, perpetual, transferable, worldwide, free, fully paid license (including the right to sublicense) to use and exploit all reviews that we may determine at our sole discretion. Notwithstanding the foregoing, you understand and agree that We are not obligated to use, demonstrate, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you are not entitled to request such use, demonstration, reproduction or distribution.
TO CONTACT US
Gagarina 309, 40
Almaty, Kazakhstan
Phone: +77474465625
Email: legal@BEHYPE.io
LLP "BEHYPE"
BIN 210640023172
