- Who we are. HyperSpace is owned and operated by Synereo Ltd.
- What is HyperSpace. HyperSpace is a content economy platform that allows users to be rewarded with virtual currency (“AMPs”) for content they post on HyperSpace’s communities (which are called “Spaces”) and for user interactions with posted content.
- Using HyperSpace You may use HyperSpace only in accordance with the rules and policies explained in our user guide, which we update from time to time.
- Privacy. We respect your privacy as further explained in our Privacy Statement.
- Intellectual property. All legal rights in HyperSpace, including all intellectual property rights, are Synereo’s. Obviously, we do not own the content users post on HyperSpace.
- Content you post. You may only post on HyperSpace User Content that you are lawfully entitled to share on HyperSpace. We do not claim ownership in content that is posted and originates from users or third parties. However, you give us permission to use content that you post on HyperSpace, in order to provide HyperSpace and its features.
- Content presented on HyperSpace. The user-posted content presented on HyperSpace does not constitute our endorsement of the Content. We also do not guarantee the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of any content posted on HyperSpace.
- Removal of infringing content. Requests to remove content that infringes the copyright of others must be made in accordance with our Copyright Policy.
- Earning and using AMPs. Users can earn, use and withdraw AMPs according to the rules and policies explained in our user guide, which we update from time to time.
- Space Admins. If you choose to be a Space Administrator we expect you to dedicate time and effort to review and verify posts, reject inappropriate or infringing content, mark the Space to be age-restricted where appropriate, block users who repeatedly post prohibited content, and to make sure the Space is not abused or vandalized.
- Disclaimer of warranty. HyperSpace is provided for use ‘as is’. We disclaim all warranties and representations with respect to HyperSpace.
- Limitation of liability. To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use HyperSpace.
- Law & jurisdiction. Use of HyperSpace is governed by the laws of the State of Israel and subject to the exclusive jurisdiction of the competent courts in the District of Tel-Aviv-Jaffa.
… and in detail
Welcome to HyperSpace, a content economy platform that allows users to be rewarded with virtual currency (“AMPs”) for content they post on HyperSpace’s communities (which are called “Spaces”) and for user interactions with posted content.
HyperSpace is owned and operated by Synereo Ltd. (“Synereo”, “we”, “us” and “our”).
Information you provide; Age restriction. In order to use HyperSpace, you must be an individual and register with a personal user account. When you register to HyperSpace, we will ask you to provide us the details we describe in our Privacy Statement (“Registration Information”). Certain features on HyperSpace are activated and available only to users who have successfully completed the steps for user and identity confirmation. If your Registration Information indicates that you are under the age of 13, you will not be permitted to register.
False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to HyperSpace.
Additional Information. We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of HyperSpace or when you submit requests related to your HyperSpace account.
We respect your privacy. Our Privacy Statement, explains our privacy practices. We encourage you to read it carefully.
Acceptable and prohibited use of HyperSpace
Acceptable use. You may use HyperSpace only in accordance with the rules and policies explained in our user guide. We may update and change the rules and policies from time to time and will inform you in case of important changes.
AMPs Policy. Users can earn, use and withdraw AMPs according to the rules and policies explained in our user guide. We may update and change the rules and policies from time to time and will inform you in case of important changes.
Prohibited use. When using HyperSpace, you must refrain from –
- Breaching these Terms or any other applicable rules and instructions that we may convey with respect to HyperSpace;
- Interfering with, burdening or disrupting the functionality of HyperSpace;
- Breaching the security of HyperSpace or publicly identifying any security vulnerabilities in it;
- Circumventing or manipulating the operation or functionality of HyperSpace, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in HyperSpace;
- Sending automated or machine-generated queries;
- Using robots, crawlers and similar applications to collect and compile content from HyperSpace or send data to HyperSpace including for the purposes of competing with HyperSpace, or in such ways that may impair or disrupt HyperSpace’s functionality;
- Displaying or embedding content from HyperSpace, including by any software, feature, gadget or communication protocol, which alters the content or its design;
- Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
- Collecting, harvesting, obtaining or processing personal information regarding HyperSpace’s users, without their prior explicit consent;
- Abusing, harassing, threatening or intimidating other users of HyperSpace;
- Linking to HyperSpace from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
- Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;
- Transferring your account on HyperSpace to another person;
- Violating any applicable law;
- Posting on HyperSpace content which may be considered as –
- Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
- Identifying minors, their personal details or their address and ways to contact them;
- Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
- Constituting a violation of a person’s right to privacy or right of publicity;
- Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
- Unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
- Otherwise prohibited by any applicable law.
You are solely responsible for the content you make available through HyperSpace and for the consequences associated with doing so.
Our intellectual property. All rights, title and interest in and to the HyperSpace, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from users, are the exclusive property of Synereo and its licensors.
Restrictions. You may not copy, reverse engineer, modify or create derivative works of HyperSpace’s intellectual property, in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.
Content you post. You may post content on HyperSpace, ranging from textual posts, photos, videos and audio clips. Content that you and other users post on HyperSpace will be referred to as “User Content”.
Right to User Content. We do not claim any ownership to User Content. However, you give us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate to the public your User Content in order to provide HyperSpace and its features.
User Content that you post on HyperSpace may be available to all registered users of HyperSpace.
You may only post on HyperSpace User Content that you are lawfully entitled to share on HyperSpace. Therefore, when you post User Content, you confirm that –
- You are the rightful owner of all rights to that User Content, or are lawfully licensed by all the rightful owners to submit to, and post such User Content on HyperSpace;
- You are lawfully entitled to grant us the licenses to distribute and use that User Content, as explained below;
- If any individuals are depicted, shown or referred to in the User Content, and their permission is required in order to publish that User Content, then you properly obtained permission from them to post that User Content on HyperSpace;
- Posting the User Content on HyperSpace does not infringe any rights of third parties, including intellectual property rights, privacy rights and publicity rights.
We do not endorse the content. The User Content presented on HyperSpace does not constitute our endorsement, sponsorship, recommendation or encouragement concerning the Content. We also do not guarantee the accuracy, credibility, authenticity, reliability, validity, integrity, or legality of any User Content.
You may find User Content objectionable, annoying, improper, unlawful or immoral. By linking to a certain website. Because User Content originates from users, not us, we assume no responsibility or liability for User Content.
Other Platforms. HyperSpace may interface with third-party services and platforms, such as Facebook, Twitter, Google etc. (“Third-Party Platforms”). For example, you may “share” User Content through Third Party Platforms. Use of these Third Party Platforms is governed by their respective terms of service, not by these Terms. You bear the sole and exclusive responsibility for complying with those other terms of service.
Request to remove content from HyperSpace
Copyrighted content. Requests to remove content due to copyright infringement, must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post content on HyperSpace, we will review the request and take action as necessary.
Blocking content and users. We may, but are under no duty to, review all content posted on HyperSpace. We or the Space’s Admin may, in our sole discretion, temporarily or permanently delete or block access to content, if the content is determined to be in violation of these Terms. We or the Space’s Admin may also, temporarily or permanently block users who repeatedly post prohibited content or otherwise repeatedly violate these Terms or exhibit abusive behavior on HyperSpace.
If you choose to be a Space Admin, we expect you to dedicate time and effort to review and verify User Content, reject inappropriate or infringing content, mark the Space to be age-restricted where appropriate, block users who repeatedly post prohibited content, and to make sure the Space is not abused or vandalized.
Additional information is available in our user guide.
Terminating your account. You may, at any time, request to terminate your account by contacting us at [email protected] Note that terminating your account will not remove content you previously posted, which will still be publicly available.
Upon termination of these Terms or your account, your right to use HyperSpace is terminated and you must immediately cease using HyperSpace.
Terminating the operation of HyperSpace. We may at any time discontinue or terminate the operation of HyperSpace, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. If we do so on our own accord and not as a result of your violation of these Terms, we will notify you in advance before such termination.
Changes and availability
Changes on HyperSpace. We may, at any time and without prior notice change the layout, design, scope, features or availability of HyperSpace. We may also remove User Content if we deem it necessary for operational reasons.
Availability. The availability, functioning, quality and functionality of HyperSpace depend on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.
Changing these Terms. We may revise these Terms (beyond the terms, rules and policies explained in our user guide), in whole or in part, at any time by notifying you of the amended Terms ahead of time. Your continued use of HyperSpace after the effective date of the amended Terms constitutes your consent to the amended Terms.
Disclaimer of warranty
HYPERSPACE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO HYPERSPACE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) HYPERSPACE WILL OPERATE UNINTERRUPTEDLY, ERRORFREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) HYPERSPACE WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF HYPERSPACE AND THE CONTENT AVAILABLE THROUGH IT, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED ON HYPERSPACE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF HYPERSPACE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF HYPERSPACE, OR THE CONTENT PRESENTED ON OR THROUGH HYPERSPACE, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE HYPERSPACE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE HYPERSPACE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF HYPERSPACE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON HYPERSPACE, OR FROM ANY COMMUNICATION THROUGH HYPERSPACE, OR WITH OTHER USERS ON HYPERSPACE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON HYPERSPACE.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO HYPERSPACE, OR IF THROUGH YOUR USE OF HYPERSPACE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of HyperSpace, your breach of these Terms or infringement of any other person’s rights.
Governing law, jurisdiction
Regardless of your place of residence or where you access or use HyperSpace from, these Terms and your use of HyperSpace will be governed by and construed solely in accordance with the laws of the State of Israel.
The competent courts in the District of Tel-Aviv-Jaffa in Israel will have exclusive and sole jurisdiction over any dispute, claim or controversy relating to HyperSpace or with respect to any matter relating to these Terms. You hereby expressly consent to personal jurisdiction in Israel and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.
Notwithstanding the foregoing, we may lodge a claim against you pursuant to the indemnity clause above in any court adjudicating a third party claim against us.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in ownership. In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.
Severability. If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation. The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire agreement. These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship. These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
Effective Date: December 17, 2018.