Hiiobi Terms & Conditions​ – _ – Much Love & Respect ​

 

1. Scope & Glossary Terms 

 

​These Terms & Conditions are part of a binding legal contract (“Terms of Use”) between you (“you” or “User”) and Hiiobi Corporation (“we” or “us”) governing your use of Hiiobi services through the Hiiobi Mobile Application (“App”) and Hiiobi.com (“Website”). ​Please send any questions you have to Aidan@Hiiobi.com.

 

We wish this didn’t have to be a contract and that it could be shorter, but this is a contract and is necessary for many reasons. By clicking “Agree”, using our App or Website in any way, or doing any combination of those three actions, you are agreeing to be bound by these our Terms of Use. We do not charge any fees if you simply browse our Website, but you are required to accept our Terms of Use each time you do.

 

YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED.

 

In order to accept this Agreement, use the Services, and receive Participant Payments, you must be at least 18 years of age if you reside in the United States, or the legal age of majority in the country where you reside, or have parental consent and be at least 14 years of age (“Minimum Age“). The Services are not intended for users under the Minimum Age. If you are under the legal age of majority, your parent or legal guardian must consent to this agreement and Hiiobi Corporation’s Privacy Policy.

By clicking the “I AGREE” button yourself (or “ACCEPT”), you affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Hiiobi Corporation the rights granted herein; and (d) you have read, understood, and agree to be bound by our Terms of Use and the Hiiobi Corporation Privacy Policy. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to our Terms of Use and the Hiiobi Corporation Privacy Policy, you may not use the Website, App or Services. If your are the parent of a child under the age of 18, you also affirm that you accept this agreement on behalf of your child, you accept all legal and financial responsibility and liability for their actions, and you consent to our practices for handling the personal information of your child as described in the Hiiobi Corporation Privacy Policy.

 

IF YOU DO NOT WISH TO BE BOUND BY THE OUR TERMS OF USE, PLEASE EXIT THE WEBSITE OR APP NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE APP OR WEBSITE, IS TO STOP USING THE WEBSITE OR APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH OUR TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE APP OR WEBSITE.

 

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.

 

Great effort has been made to keep this very understandable and short where possible, but for legal reasons, a lot of this has to be very detailed to confirm things like what nation’s laws we follow and to make it very clear what we do and do not offer to Users and Advertisers. You are not permitted to use the service, App, or Website if you do not understand the terms of our Terms of Use. As with any other website or app’s Terms & Conditions or other agreement, it is important to read this document fully to avoid any misunderstanding of what we offer and promise.

 

There is a Glossary at the bottom of this page defining certain terms that we want to make especially clear, and those defined terms are capitalized any time they come up in our Terms of Use (which is why Advertisers is capitalized above, for example). If a word is capitalized in one sentence and not in the next, that just means the word isn’t being used in the exact same way in the second sentence.

 

2. 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.

 

3. 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.

Any minor using our Website or App may do so only after they have had a parent or legal guardian read and agree to our Terms of Use, so that the parent or guardian can set boundaries as they see fit, which may or may not include setting browser restrictions to make sure the wrong type of video is not played. Doing that could lead to videos or music being unavailable, for which we take no responsibility.

 

4. Description Of The Service 

 

Hiiobi maintains a Website and App on which a User can view and interact with videos to (without donating or paying anyone) earn Participant Payments (as provided in these Terms Of Use), bring about donations to Eligible Organizations, and learn more about charities listed on our Charity Index. In the process, Users can discover great projects and resources that make communities healthier and stronger, and these may not be well advertised elsewhere. Hiiobi also provides information on legislative action resources and opportunities locally and around the world. We will sometimes only tell a User about a particular resource when we think it will at the very least not irritate them, and at our discretion, we may present information differently or present different information based on who we are speaking with. This is why it is strongly recommended for Users to complete our Interest Index. We guarantee that we will do our best to provide resources and information that are of best fit and as interesting as possible for each User, and cannot guarantee that we will send the same information to everyone. We want to be up front about that so it isn’t a surprise if you don’t fill out the Interest Index and then receive a video or message that you don’t like as a result.

 

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.

 

We ask that Users complete the Interests and Use Index (that is optional but highly recommended) and allow us to collect and store information about them, which is necessary for bringing the highest possible payment offers from our Advertisers. Our collection and use of your Personally Identifiable Information is subject to the Hiiobi Privacy Policy [Hiiobi.com/privacy-policy], the terms of which are incorporated by this reference. It is a requirement that Users answer our follow up questions correctly to confirm they understood the video they saw. Beyond this, we don’t ask anything of our Users. This is built to help communities and people.

 

We ask that Advertisers provide payment for our Service in advance, with the understanding that payments to charities and Users are not made until we have Verified Views. Custom terms may be offered for particular agreements with Advertisers, so we require that Advertisers agree to a separate Advertiser Agreement along with our Terms of Use that names and describes in detail the particular Advertiser and ad campaign (including the time frame and how many times the Advertiser has run a campaign with us before).

 

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.

 

5. 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.

 

6. Guarantee Limitation

 

To limit the ability of others (including competitors when and if they establish themselves as such) to negatively affect our charitable impact and potential, we do not provide a guarantee within this these Terms of Use for Users. For Advertisers, we offer our guarantee that we will, in good faith, do everything commercially reasonable to provide Verified Views in as timely a manner as we can once we have been paid for them, with the explicit condition that factors outside of our control are exactly that – outside of our control – so message and Verified View delivery time may be impacted by, for example, availability of internet connections in a given area (for avoidance of doubt: this example is not an exhaustive list of things that are outside of our control). We make an effort in good faith using our cyber security infrastructure to ensure all Users are verifiable as individuals and not bots or any sort of software, and that they are in fact viewing and understanding the ads we deliver. While we don’t provide Personally Identifiable Information to Advertisers, we can verify that our Users are all separate by showing their collective data which confirms that they are not duplicate profiles but doesn’t reveal their actual identities. Please see the Hiiobi Privacy Policy for details on how we secure our data.

 

7. 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:

 

– Earning Participant Payments for their Verified Views if eligible, as provided in these Terms Of Use.

 

– 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

 

8. 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 

 

All potential uses of our Website and App beyond the above noted permitted uses of the Website and App are expressly prohibited under these Terms of Use – this is to thoroughly protect Hiiobi and those we serve. We explicitly prohibit the use of our App or Website for the purpose of harming Hiiobi or limiting our capacity to serve our stakeholders in any way, and any attempt to do the same (failed or not) is explicitly prohibited under these Terms of Use even if you happen to find a technically legal way to go about it. This includes, and is not limited to, any action that might simultaneously be described as a permitted use of the Website or App – for example, we prohibit anyone from trying to harm our email response time by sending charity questions that constitute repeated, similar, or unreasonably numerous messages, whether manually or with an automated process of any kind. We prohibit any attempt to reverse engineer, copy, obtain, scrape, or negatively affect any information, proprietary code or software related to our Service. Any attempt to violate the terms of these Terms of Use can and will be punished to the fullest extent of the law, and can result in account termination.

 

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:

 

1. 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;

 

1. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

1. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

1. 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;

 

1. 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

 

1. Impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded, submitted, or offered for sale by third party users of the Website or App. We generally do not pre-screen, monitor, or edit the content posted and/or products offered by users of communications services, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website or App. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Website or App, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. 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.

 

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.

 

9. 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.

 

10. Right Of Hiiobi To Modify Terms of Use At Any Time 

 

Hiiobi reserves the rights to modify the terms of these Terms of Use in its entirety at any time without prior notice to you. We built these terms to avoid revisions where we can since we’d prefer to not modify them, but we will at some point have to modify them to address changes in our structure or changes in the laws surrounding what we do (for example, if a particular bank account becomes un-insurable or costly to insure because it’s too large, the system we use to make our financial activities transparent would have to be modified; a new account or accounts would be needed beyond the initial six accounts). Any modifications will be posted to the Website and App with an explanation of the change(s) we are making and reasons for the changes – we will never update these Terms of Use without making reasons for the change(s) available on our Website and App. Hiiobi.com/terms-of-use is the webpage on which we will always have the most recent version of these Terms of Use available. Your continued use of the Website or App after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

11. Intellectual Property Information

 

Copyright (c) 2017 Hiiobi Corporation All Rights Reserved.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Website or App is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Hiiobi and/or the Advertising Content provider. You are only permitted to use the content as expressly authorized by Hiiobi and/or the specific Advertising Content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Website or App in any form or by any means without prior written permission from us or the specific Advertising Content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website or App. Any unauthorized use of the materials appearing on the Website or App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

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.

 

The following are registered trademarks, trademarks or service marks of Hiiobi Corporation: Hiiobi. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Hiiobi Corporation

 

12. Term And Account Termination (Users).

 

By accepting these Terms of Use you agree will remain in effect for as long as you use the Website, App, or Services. A User cannot terminate their account themselves, but can hand it over (“Assign”) to our network of charities at any time by requesting to do so at any time – that request must come from the email address we have on file for the given User and must be sent to Aidan@Hiiobi.com. A User who has handed their account over to our network of charities can still use the account to generate cash flow for charities, but can not receive funds from it. If we terminate your account for violations of these Terms of Use (including but not limited to attempting to defraud Hiiobi or attempting to damage the reputation of Hiiobi), we can decide whether your account is being entirely eliminated or whether it can still be used to generate cash flow for charities. Anyone formerly holding an account that is then entirely eliminated may not attempt to create a new account or receive payments from Hiiobi. Hiiobi can terminate an User’s account, or terminate a User’s access to the Website or App at any time for any reason.

 

 

13. 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

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website or App with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

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.

 

Any provision of these Terms of Use that should, by its nature, survive termination of these Terms of Use or a User or Advertiser account will survive its termination. Such provisions include, but are not limited to sections 1-2, 5, 7-9, 11-18, 20, 24.

 

14. Indemnity

 

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the Website or App, your infringement of any party’s intellectual property rights, your negligence or willful misconduct, or your breach of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

15. 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.

 

16. Limitation Of Liability  

 

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of the Website Or App shall be limited to the amount you paid us for the services on the Website Or App during the twelve month period before the act giving rise to the 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.

 

17. 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.

 

18. Liability for Taxes

 

You are obligated to pay federal and state income tax on any moneys earned pursuant to these Terms of Use and shall be liable for all taxes, excises, assessments and other charges levied by any government agency on the amounts paid to you hereunder.

 

19. 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.

 

20. Governing Law & Jurisdiction

 

The Website and App (excluding any linked sites) are controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing the Website Or App both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Website and App. Each of us agrees and hereby unconditionally submits to the jurisdiction of the District Court of Denver County, Colorado (or if the requisites of jurisdiction obtain, the United States District Court for the District of Colorado sitting in Denver County, Colorado) in connection with any dispute (whether based upon contract, tort or otherwise) arising out of or in any way related to these Terms of Use, use of the Website or App, or any other agreements, documents or instruments executed and delivered in connection with or otherwise relating to the Website or App. in this regard, the exclusive venue of any such dispute shall be in Denver County, Colorado.

 

You hereby voluntarily, knowingly, irrevocably and unconditionally waive any defense of forum non conveniens or any other objection to venue in Denver County, Colorado.

 

21. ​Limitation Of Spec Work & Requirements For Verifying A Spec Work Offer 

 

“Spec Work” refers to work that is done for free (with no payment required either during the course of the Spec Work being completed, or with no payment required at all) with the hope that a given client will come back to do business again. Hiiobi does not do Spec Work for anyone under any circumstances other than the very rare scenario noted in this section of these Terms of Use entitled “​Limitation Of Spec Work, Requirements For Verifying A Spec Work Offer”. If you as an Advertiser or potential Advertiser think we have offered to do Spec Work for you, you may be required to verify that this was offered by forwarding the initial Spec Work offer email (which has to have been sent from Aidan@Hiiobi.com)  to Aidan@Hiiobi.com and providing a copy of the written individual agreement that was offered to you, which has to include a section explicitly stating how many ads you are funding in the event that we deliver on our end of the Spec Work offer, when those will be paid for, and how soon you will be paying for the Spec Work. If you don’t have an email from Aidan@Hiiobi.com offering Spec Work, or if the supposed email from Aidan@Hiiobi.com turns out to have not been sent by Hiiobi, it is not a real Spec Work offer and will be treated as an attempt at fraud (to gain advertising Service from Hiiobi without payment).

 

22. ​Privacy Policy

 

Hiiobi Privacy Policy, [Hiiobi.com/privacy-policy] is incorporated by reference into our Terms of Use. We reserve the right to update our Privacy Policy and any other part(s) of our Terms of Use, including without limitation these Terms & Conditions, at any time and will make the updated version available for you to accept.

 

23. ​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.

 

24. Severability

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

25. 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/.

 

26. Glossary 

 

The following list clarifies certain terms as they are defined in these Terms of Use when capitalized:

 

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.

 

Agreement – This word, when capitalized in these Terms of Use, refers to this these Terms of Use.

 

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.

 

Service – Our Service consists of everything offered in these Terms of Use, on our Website and/or App, and in any other contract we offer individually for any reason, including but not limited to advertising and partnerships.

 

Terms of Use -– These Terms & Conditions, our Privacy Policy, and all the terms, conditions, and notices contained, incorporated, or referenced herein, as well as any other written agreement between Hiiobi and you or your company.

 

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.

 

27. Entire Agreement

 

These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Website Or App is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

28. Miscellaneous

 

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

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.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

 

29. 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.

 

HIIOBI PRIVACY POLICY
Hiiobi Corporation understands the importance of your privacy on the Internet. That is why we believe it is important to let you know how we use the information collected through our Website and App. The following is our policy regarding Internet privacy and usage. In accordance with our standard privacy policy, the security of your personal information is solely protected by Hiiobi Corporation. Only authorized staff members have access to specific areas of consumer information.
A. Collection and Use of Personal Information
You can visit our Website and App without revealing any personal information about yourself or telling us who you are. We do not collect personal information, such as your name, address, phone number or email address while you browse. We do, however, gather information in aggregate on how this site is used, such as the number of visitors to the site, length of each visit and which pages are most commonly used to enter and exit the site.
However, we may collect and store any personal information you enter on our website or provide to us in some other manner such as if you choose to receive Participant Payments from us. This includes Personally Identifiable Information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We use a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Additionally, we provide areas on our Website and App where you can upload Advertising Content about yourself and your organization. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when searches are executed on the subject of your posting.
Although our website is a general audience site, we restrict the use of our service to individuals age 18 and above. We do not knowingly collect personal information from children under the age of 14.
Hiiobi Corporation does not sell, rent, loan, trade or lease any personal information collected at our site.
B. With whom we share your information
We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared. We may share personal information with:
• Service providers: We may share your personal information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include fulfilling orders or payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting features offered through our website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.
• Advertisers: To generate as much cash flow as possible for our Users and our network of charities, we allow our Advertisers to get their messages in front of specific types of Users with specific expressed interests. We will only share Personally Identifiable Information with an Advertiser if you have told us you want to learn more about a particular topic and wish to receive information from our Advertisers about it (to provide the information through a partner, we’d obviously have to give your email address to a partner(s) in that scenario).
For example, an Advertiser can ask that we show their music video to rap fans, but an Advertiser cannot obtain a list of rap fans or any kind of a “profile” on a personally identifiable individual from us. Advertisers can only target categories of viewers, which allows them to get their messages in front of people who are likely interested in them.
• Other Situations. We also may disclose your information, including personal information:
o In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
o When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies.
o In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We may share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our website and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.
C. Cookies
We use cookies and other technologies to collect information from your computer and about your activities on our site. We these technologies to improve the quality of our service, including for storing user preferences, and tracking user trends.
Some of the data we collect, such as name, email address, and payment method preference, are collected only to fulfill our promises of sending you a video and a confirmation question (or multiple) or sending you a payment. Other information is collected to bring value to Advertisers, our network of charities, and to Users like you, and that is necessary to bring the optimal cash flows we want to bring to our stakeholders, including you. We collect as much data and the most detailed data possible within reason to offer the greatest value to our Advertisers, because this allows us to bring the highest cash flow offers to our network of charities and to Users – at times, we use Cookies for this. Cookies are small, encrypted bits of text data used for things like keeping you logged into a website when you come back the next day, or to track how a visitor found a website, so that the author knows which of their marketing efforts are working well. We use Cookies for making basic functions of our Service work properly as well as for gaining insight into what messages may be most interesting or relevant to a given User or potential Users. By using our Website or App and entering into this Agreement, you consent to our use of Cookies in accordance with our Terms of Use and this Privacy Policy. It is best to allow Hiiobi to use Cookies so that the Website and App will run smoothly and so that we can bring you the best possible offers from Advertisers and bring the highest donations to charities (Advertisers pay more when we can be more specific about the type of User we are delivering their message to). Because we protect your information with great care and use it for great causes, we feel it is reasonable to request your permission to use Cookies to help generate the most cash flow possible for our network of charities and Users.

D. Notification of Changes
If we decide to change our privacy policy, we will post those changes to this Privacy Policy on our Website, App, and other places we deem appropriate so that our users are always aware of what information we collect, how we use it and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.

E. Agreement

By using our Website or App and agreeing to our Terms of Use, you agree to our Privacy Policy and to the use of the information we receive and collect as stated herein and in ways we may notify you of in the future. By providing any personal information to this site, you acknowledge that you fully understand and consent to the collection and processing of such information. We reserve the right at our discretion to modify this Privacy Policy at any time. Your continued use of this site following the posting of changes to these terms means you accept these changes.

F. Effective Date
Last updated October 1, 2017.