Terms of Use

General

By accessing hypercomments.com (hereafter, "Site") and using the services offered by HyperComments (hereafter, "Services") you explicitly consent to be bound by these Terms of use in view (hereafter, "Terms"). Should you disagree with the Terms or with the Privacy Policy, please discontinue accessing the Site or Services. The Terms in view are liable to change at any time. It is recommended you periodically check Terms for recent changes.

Licensed Use

Access to the Site is defaulted to a limited license. HyperComments reserve the right to revoke your defaulted license to Site and Services at any time and for any tenable reason, or with a view towards prospective payment plan for commercial usage with the license subsequently redrawn.

User Responsibility

You are solely responsible to use the Site and Services in accordance with Terms. As HyperComments provide informational storage services, user-posted content in no manner does represent advice, views, opinions or beliefs of HyperComments; HyperComments lay no claim for accuracy of any user-posted material.

HyperComments serve for posting user-hypercomments, and may include links to the third-party websites. These comments, and any linked websites content, business practices and privacy policies are not under HyperComments control. HyperComments is not to be held responsible for the content of any user comments, linked websites or any links possibly contained therein.

Inclusion of user-comments and/or links into the Site or Services does not infer any endorsement by or any affiliation with HyperComments. When accessing the Site and Services, reading user-comments, or following up links to the third-party websites, you may be exposed to offensive or inappropriate content. Contingent thereupon, you consent to have a sole recourse to Site administrative support, according to the Terms.

Fees, Taxes, and Payment

Fees. You agree to pay for Services ordered, renewed by you, or renewed automatically pursuant to the applicable purchase, support, and other terms specified on the Site. Fees can be changed by Us anytime without any written consent. Prices can be changed by us at any time. New prices come into force from the moment of publication on the Site, unless another period has been agreed by the parties earlier. All prices are subject to change at the beginning of any Services term renewal. If your subscription is automatically renewed, applicable fees for the Services will be charged from your payment card upon the end of 14 days free trial period. It is your responsibility to maintain current and accurate credit card information. You authorize us to charge your account in the amount of Services fees when applicable as per payment schedule. If you act on behalf of a legal entity, you represent that you have the authority to grant such authorization to us. You may revoke your authorization auto-charging your account by sending email at: support@hypercomments.com.

Late Fees. We reserve the right to charge you interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) on all late payments.

Taxes. You agree to pay any sales, value-added or other similar taxes imposed by applicable law or similar amounts and duties that we are owed under this Terms and which we are permitted to collect from you under applicable law or that we must pay based on the Services ordered, except taxes based on our income. Fees for Services specified on the Site are exclusive of taxes and expenses.

Payment. All fees for the Services shall be paid in advance. You will pay Us the applicable fees and charges for use of the Services as described on the Site using one of the payment methods We support. All amounts payable under this Terms will be made without setoff or counterclaim, and without any deduction or withholding, except as expressly permitted by this Terms. Fees and charges for any new Services or new feature of the Services will be effective when we post updated fees and charges on the Site unless we expressly state otherwise in a notice.

User-Posted Content

Posting your user-content publicly, you are granting access and usage permissions related to the Services, the Site and Hyperlinks business concerns. User-compilations do not affect HyperComments’ prerogative to freely access and apply them in relation with the Services, the Site or otherwise with regard to HyperComments’ business concerns and best interests. Hyperlinks do not provide legal services, licensing your user-compilations nor extend any attorney-client relationship in any wise. The license agreements and all the pertinent data are provided on an "as is" basis.

HyperComments make no warranties whatsoever with regard to the license agreements, and thus waiver any damages liability, including but not limited to, any general, special, incidental or consequential damages, resulting from user-compilations usage. Hereby it is explicitly understood that HyperComments are not responsible for the manner or circumstances by which the third parties access or use public content, and is under no obligation to disable or otherwise restrict such an access.

RSS-Feeds

HyperComments provides access to portions of its Site and Services via RSS-feeds. We request you use these features according to RSS-feeds user-guidelines. You may not use these or any other features or the Site to allow replicating HyperComments site or its proprietary features. HyperComments reserves the right to change these features at any time and to disable access to RSS-feeds for any tenable reason for a delimited period of time.

Intellectual Property and Copyrights

HyperComments logo and the design herewith are classified a trademark and proprietary HyperComments data that may not be used without an express written permission from HyperComments unless clearly attributed to HyperComments with public display of HyperComments logo, proprietary default design and default login, commenters’ profiles as presented in the default themes. All the other trademarks that are not proprietary to HyperComments, appearing on the Site - are the property of their respective owners, who may or may not be affiliated with HyperComments.

HyperComments authorship content that is part of the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the sole property of HyperComments, protected by American and international copyright laws. Except as set out in these Terms, any reproduction of HyperComments original content is prohibited without express written permission from HyperComments. Reproduction of licensed user-posted content must comply with the terms and conditions of the respective license(s), if applicable, with mandatory license referred unto.

No Warranty and Limitation of Liability

HyperComments provide the service “as is” without any warranty, be it express, implied or statutory. HyperComments waiver any implied warranties, merchantability or aptitude for a particular cause or purpose, non-infringement, informational accuracy, integration, compatibility or quite enjoyment. Contingent on some States, disallowing disclaimers of implied warranties, the disclaimer in view may not apply to you, nonetheless you understand and agree that you use the Site and Services on your own discretion and risk and that you will be solely responsible for any damages that arise from such use.

UNDER NO CIRCUMSTANCES SHALL HYPERCOMMENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT HYPERCOMMENTS HAVE BEEN ADVISED OF SUCH A POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH HYPERCOMMENTS PROPER SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES.

Some States do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Other provisions

HyperComments and you are independent entities, and nothing in the Terms shall create any partnership bonds, joint venture, agency or contra-agent affiliation, franchise, sales representative affiliation, or employment relationship between HyperComments and you. These Terms supersede any previous agreement and represent the entire agreement between HyperComments and yourself.

These Terms are governed by American and International law. If any provision of the Terms is deemed to be illegal or not applicable, the continuation in full force of the remainder of the Terms will not be biased, the illegal or unenforceable provisions of the Terms being suspended accordingly. Any notices or remarks are to be sent to HyperComments at

MIDDLEWARE INC.,

2711 Centerville Road, Suite 400, Wilmington,

New Castle County, 19808