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
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.
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.
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
Email: legal@BEHYPE.io LLP "BEHYPE" BIN 210640023172