Hiiobi Terms & Conditions – _ – Much Love & Respect
- Scope & Glossary Terms
YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED.
If you are an Advertiser, you agree to provide payments in exchange for our Verified Views and understanding levels of particular video Advertising Content provided by you, as set forth in your separate Advertising Agreement with us.
- Eligibility For Payment
The Office of Foreign Assets Control (“OFAC”) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States.
To be eligible to receive Participant Payments from Hiiobi You must not be listed on OFAC’s list of Specially Designated Nationals and Blocked Persons, OFAC’s Consolidated Sanctions List, and must not otherwise be subject to any legal restrictions on your ability to receive Participant Payments from Hiiobi for the seconds you spend watching and responding to the video Advertising Content We present to You. If You are eligible to receive Participant Payments from Hiiobi You can opt to donate your Participant Payments rather than receiving them. If You are not eligible to receive Participant Payments from Hiiobi, we reserve the right to direct any Participant Payments that would have been paid to you to charitable causes instead, at our sole discretion. You assume full responsibility under our Terms & Conditions for determining whether You or Your nation is affected by a regulation that would prevent you from being legally permitted to receive Participant Payments from Hiiobi. If we become aware that a legal restriction affects you in this way (such as through an international bank’s rejection of the transaction request), Your Participant Payments will simply be routed to charitable causes, at our sole discretion.
- Third Party Sites and Information
The Website and App may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. Neither Hiiobi nor any of its affiliates will be liable for any errors in content or omissions in any third party links, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the third party links, including any goods, products, or services offered by such third party links. The mere inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Website or App or party by us, or any warranty of any kind, either express or implied. If Hiiobi does endorse or is associated with a business that is linked to from our website, we will clearly and conspicuously disclose the nature of our endorsement or connection to that business.
Neither Hiiobi nor any of its affiliates will be liable for any errors or omissions in any Advertising Content, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Advertising Content, including any goods, products, or services offered by such third party Advertising Content.
- Description Of The Service
Our Advertisers pay for Verified Views, and are able to offer a higher payment when we can provide targeted ads that were confirmed to have been seen and understood. After watching one of our videos, a User must correctly answer one or more multiple choice questions about it, confirming they saw and understood the video. After the correct answer is provided by the User, that User may be eligible to receive a Participant Payment from us, as provided herein, or direct a Donation in the amount of the Participant Payment to be made to an Eligible Organization.
We are very transparent about how our accounting is done, and our books are published quarterly on Hiiobi.com. Payments from Advertisers for Verified Views are split as follows:
35% is saved for tax payments to prevent changing tax rates from impacting the other cash flows below – the remainder left after paying taxes is then split evenly between the four cash flows below (25% to each).
40% goes to the User or to our network of charities if the User cannot or doesn’t want to receive the payment.
15% is available to Hiiobi to cover our operating and growth expenses and to fund extra donations at our discretion.
10% goes to the network of charities
There are six bank account statements we provide when releasing our numbers. The first account simply receives and records the inbound Advertiser payments (or any other revenue earned by Hiiobi) and the splitting of those payments into four other accounts. When an Advertiser makes their upfront payment, that is moved in a 35/40/15/10 split to four bank accounts which each receive and record the payments made for Participant Payments, taxes and savings leading up to tax payments, Hiiobi expenses, and donations. Any time we are donating part of our expense budget, that payment is moved into a sixth account for receiving and recording these additional donations so that they are easy to separate from the statement showing Hiiobi expenses.
Our mission in life is to help improve quality of life around the world. We ask that Users provide honest answers to any questions we or our Advertisers ask (multiple choice or not), keeping in mind that your honest feedback and attention is what they (and we) are paying for, and offers may not come to you as often if you are not providing honest feedback when asked for it. Collaborating with us and our Advertisers fully is what allows us to bring donations to charities without running a traditional fundraising campaign, while bringing those benefits to Users at the same time.
You understand and agree that temporary interruptions of the services available through the Website or App may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Website or App, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on the Website or App are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
- Payment Terms
Payments from Advertisers are due on the dates established on their Advertiser Agreement and Advertiser Preference Index.
Participant Payments due to Users are processed as soon as commercially reasonably by automated means when our resources and cyber security infrastructure allow for that to be done safely, in compliance with all applicable laws and regulations, and in a cost effective way, if and only if a User agrees to be paid by automated means. If transaction costs are too high a portion (as determined by Us, in our sole discretion) of the overall payment amount (example: our bank suddenly has to charge fifty cents per transaction for some reason), we will work to change banks if we can get a better offer without too much of a hassle, and might require that a minimum earning threshold (say, $5 for example) be reached before a payment is sent out (to avoid wasting money on transaction costs/bank fees). When it’s within the scope of what our payment processing system can do, we will tell you over email the expected date the payment should post to your account with your financial institution or other structure for receiving payments, including crypto-currencies. If your payment preference as noted in your Interests Index is anything other than automatic electronic payments, we cannot speculate on the time that payment will take to process due to factors outside of our control (the post office, for example). If your payment is not received for any reason, we will resolve that as quickly as possible as soon as we are aware of it by requesting that either our or your financial institution investigate for potential fraud after we confirm that the financial information we have for you is correct.
We care deeply about account security. We will request the payment method preference of a User in their Interests Index, and may (over email) request confirmation of the payment preference before we send the payment, just in case that has changed at all. Before sending payments to any User, we will verify that they in fact control the account or system for receiving payment. There are multiple ways we can accomplish this, and we may use more than one verification method for a single User if one method is deemed insufficient for any reason at any time. Typically we will send tiny temporary payments to your bank account and have you confirm the amounts over email so that we know you own and/or have access to the account – the payments are then refunded to Hiiobi or left in your account to cover part or all of our first payment to you. We will take any other steps we deem worthwhile to verify that you own and/or have access to the account in question. We may take further steps to verify that, include but not limited to contacting the bank servicing that account to obtain verification for us, or having you tell your bank to confirm for us in writing (including over email) that you own the account in question. See the Dispute Resolution section of this contract for an overview of how we handle any disputes, including attempts to defraud or otherwise harm Hiiobi.
Donation payments to Eligible Organizations are processed as quickly as commercially reasonably, by automated means when our resources and cyber security infrastructure allow for that to be done safely (and in a cost effective way), only if that organization is an Eligible Organization and agrees among other things to be paid in by automated means (as noted in their individual Charity Preference Index). If the Eligible Organization has a payment preference (as noted in their individual Charity Preference Index on our records) that is anything other than an automatic electronic payment, we cannot guarantee the time that payment will take to process due to factors outside of our control (the post office, for example). If a Donation to an Eligible Organization is not received by the Eligible Organization for any reason, we will request that either our financial institution or the financial institution used by the applicable Eligible Organization investigate for potential fraud after we confirm that the financial information we have for the applicable Eligible Organization is correct.
If we determine that an Eligible Organization is no longer eligible to receive Donations, we reserve the right to disburse any Donation that would have been made to such Eligible Organization instead to one or more other Eligible Organizations, in our sole discretion.
In no event will bill a User for our services. Only an Advertiser can be billed for our services. A User may only become an Advertiser by agreeing to a separate Advertiser Agreement.
- Guarantee Limitation
- Acceptable Use Of The Website And App, And Acceptable Use Of The Communication Services (e.g. Comments, Forums, Chat Areas, Bulletin Boards) On The Website And App
We permit Users to use our Website and App for:
– Finding interesting projects that may not be well advertised elsewhere
– Learning more about legislative action opportunities locally and globally through the Legislative Action Index
– Learning more about charity projects
– Finding charity job opportunities, or opportunities fitting the skill set a charity seeks
– (*For musicians*) – finding, downloading, and using unique stems (from the YOR 100k Sample Bank) and collaborators
We permit Advertisers to use our Website and App for:
– Viewing their own Advertising Content should they want to be a User or to test the functionality and quality of the Service
– Reaching out to Hiiobi about potential ad campaigns and to ask questions
- Explicitly Prohibited Use Of The Website And App, And Acceptable Use Of The Communication Services (e.g. Comments, Forums, Chat Areas, Bulletin Boards) On The Website And App
Your use of the Website and App is subject to all applicable laws and regulations, and you are solely responsible for the contents of your Advertising Content and communications through the Website or App. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website or App, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website or App may be available to you or other authorized users of the Website or App. You shall not interfere with anyone else’s use and enjoyment of the Website or App or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your use of the Website or App without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password.
- Intellectual Property Information
Copyright (c) 2017 Hiiobi Corporation All Rights Reserved.
We do not warrant or represent that your use of materials displayed on, or obtained through, the Website or App will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Website or App infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Term And Account Termination (Users).
- Term And Account Termination (Advertisers)
Our contracts with our Advertisers are individualized and have their own account termination terms. In all cases, Hiiobi can terminate an Advertiser’s account at any time for any reason.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Website or App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website or App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Your liability for any unpaid fees shall survive any termination.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THE WEBSITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE OR APP FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE WEBSITE OR APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE WEBSITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE WEBSITE OR APP MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE WEBSITE OR APP IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Website or App, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE WEBSITE OR APP, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR APP FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation Of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR APP OR OF ANY WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE OR APP.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE OR APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Relationship of the Parties
This Agreement is not intended to create, and shall not be construed to create a relationship of principal and agent, master and servant, employer and employee, joint venture, partnership, nor any other relationship other than that of independent contracting parties. Neither party shall have authority to make or imply any commitments that are binding upon the other party.
- Liability for Taxes
- International Use, Export Control and Legal Compliance
Although the Website and App may be accessible worldwide, we make no representation that materials on the Website Or App are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website and App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Website Or App is void where prohibited. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties.
- Governing Law & Jurisdiction
You hereby voluntarily, knowingly, irrevocably and unconditionally waive any defense of forum non conveniens or any other objection to venue in Denver County, Colorado.
- Limitation Of Spec Work & Requirements For Verifying A Spec Work Offer
- Force Majeure
You agree that Hiiobi is not liable for any damages caused by “Acts Of God”, or events reasonably out of our control (an example would be, if a hurricane destroys our communications systems and renders all our staff unable to do anything, we would not be liable for failure to deliver the previous day’s advertisement orders, or failure to deliver ads to Users within the usual timeline). This includes, but is not limited to, fires, floods, hurricanes, riots, acts of terrorism, alien invasions, heat death, man-made black holes, consequences of beverages being spilled into a particle accelerator, earthquakes, and any return of any reign of any previously unknown intergalactic entity.
- Compliance With International Privacy Laws
Our compliance with international privacy laws is maintained through a security partner who uses extensive encryption and other methods to protect the data we collect and store. Information on their methods and compliance with international privacy laws is available through pages published by Google, available as of 08/26/17 on https://privacy.google.com/businesses/compliance/#?modal_active=none and https://privacy.google.com/how-ads-work.html and https://privacy.google.com/businesses/compliance/.
Advertiser or Advertisers – Any person or entity paying Hiiobi to deliver Advertising Content.
Advertiser Preference Index – A database of information on what Advertisers are looking for, what we can do for them to trigger new or additional funding offers, how many interested Users they want waiting for them before they make an offer, any recurring payment agreement we have with them, and other information pertaining to our relationship with them.
Advertising Content – Any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on our Website or App.
App – The Hiiobi Mobile Application.
Charity Index – A database showing our full network of charitable organizations, which can be adjusted to be sorted by region, cause, job opportunity availability, and in other ways as we deem appropriate at any given time. The Charity Index also organizes charities by approval level – if Hiiobi has not approved them for funding, they will be under “Not Yet Evaluated”, if we have made progress toward approving them but haven’t yet, they will be under “Mid Evaluation”, and approved charitable organizations will be listed under “Approved For Funding” and that organization will be an Eligible Organization.
Charity Preference Index – A database of information on what a charity seeks in an employee, what positions are available, what volunteer needs they have specifically, how they prefer to be paid through our Service, and other information pertaining to our relationship with them.
Cookies – A message, in the form of a text file, given to a web browser by a web server. These are used for many things, including but not limited to allowing a user to stay logged into a website over time and identifying how a viewer got to the website (to help the author track the success of different marketing efforts).
Donations – Payment made to Eligible Organizations by Hiiobi in conjunction with or in lieu of a User receiving a Participant Payment.
Eligible Organization – A charitable organization that has been approved by Hiiobi to receive Donations in lieu of or in conjunction with a User receiving a Participant Payment.
Interests Index – A database of commercially useful information such as topics a User has told us they are interested in learning more about, things a User says they like doing (going to shows, hiking, etc.), and other information about what a User is interested in.
This spreadsheet is used along with other strategies to match User with the most interesting Advertiser-funded messages we can bring to them.
Legislative Action Index – A database of legislative opportunities, plans, and resources managed by Hiiobi to provide interesting and useful legislative information to Users.
Participant Payment – Payments made by Hiiobi to Users based on Verified Views.
Personally Identifiable Information – Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Further, Personally Identifiable Information is defined as information: (i) that directly identifies an individual (e.g., name, address, social security number or other identifying number or code, telephone number, email address, etc.) or (ii) by which an we intend to identify specific individuals in conjunction with other data elements, i.e., indirect identification. (These data elements may include a combination of gender, race, birth date, geographic indicator, and other descriptors). Additionally, information permitting the physical or online contacting of a specific individual is the same as personally identifiable information.
Use Index – A database of commercially useful information such as products and services a User tells us they use. This database is used along with other strategies to match Users with the most interesting Advertiser-funded messages we can bring to them.
Verified Views – These are views we have verified to have resulted in an ability to answer one or more questions that one would be statistically unlikely to guess correctly if one hadn’t actually seen and understood the given message/advertisement.
Website – Our Website, Hiiobi.com.
- Entire Agreement
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Website Or App, or use of or access to the Website Or App.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Website Or App arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
- Contact Information
Except as explicitly noted one the Website Or App, the services available through the Website Or App are offered by Hiiobi Corporation, a Colorado corporation, located at 1701 California St. Lower Level, Denver, Colorado 80202. Our telephone number is 720-327-0930.