EFFECTIVE DATE: 07/31/18
Welcome to the website (the “Site”) of SkyHive Technologies Inc. (“SkyHive”, “we”, or “us”).
The Terms are a contract between you and SkyHive, and explain the terms by which you may use and access SkyHive's Site and Services. By using the Services, including by accessing or browsing the Site, you agree to be bound by the Terms.
In the event of a conflict or inconsistency between the terms of any other agreement you may have with SkyHive (including Specific Terms of Service), the other terms between you and SkyHive will govern and take priority over the Terms.
The word “you” applies to visitors who browse the Site and individuals who access and use the Services on their own behalf. It also applies to any other legal entity which uses or accesses the Services, including through an individual acting on the entity's behalf.
Users that use the Services to match for potential employees, view skills profiles, or post or distribute job openings (“Job Openings”) on behalf of themselves or a third party, or use similar or related Services are referred to as an “Employer”.
If you use SkyHive on behalf of an Employer, organization, agency, institution, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of that entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entity's behalf.
Users that use the Services to register for job alerts, upload skills profiles, check job matches, apply to Job Openings, or use similar or related Services are referred to as a “Candidate”.
You must be at least 18 years of age or the age of majority in the jurisdiction in which you reside so that you can form a binding contract with SkyHive. You may only use the Services for lawful purposes.
You may not use the Services if your use of the Services has been previously terminated or suspended by SkyHive, unless we have provided you with specific written authorization to re-use the Services.
The Content (as defined below) is protected by copyright and other intellectual property laws, and is owned or may be licensed by SkyHive or the party credited as the provider of the Content (a “Contributor”). SkyHive, the SkyHive logo, and all other distinguishing words or logos relating to SkyHive and used on the Site are trademarks of SkyHive, and you may not use our trademarks, or any similar marks, in any manner whatsoever. All other trademarks, tradenames, and other marks referred to on the Site are the property of their respective owners.
The Services, including all webpages, content, sounds, software, images, site design, text, graphics, the arrangement of such materials, and other data or information contained on the Site (the “Content”) is provided for informational purposes and non-commercial use only. You may only view and print out certain Content from the Services for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, process, or catalogue any of the Content, without SkyHive's or, as applicable, the Contributor's consent. If you reproduce any part of the Content without SkyHive's consent, such as through web scraping or other data extraction techniques, you will be deemed to be in material breach of the Terms (without limiting any rights and remedies SkyHive or the applicable Contributor may have at law, equity or otherwise).
Except as expressly permitted under the Terms, you may not use the Services to engage in any unlawful activity or to infringe the rights of any party. You will not, nor will you allow others to:
Any unauthorized use of any Content may subject you to civil liability and criminal prosecution under applicable laws. You may not remove any copyright and other proprietary notices from any copy of the Site or the Content which you are permitted to make under the Terms. These prohibitions do not require SkyHive to monitor, police, or remove any Submissions (as defined below) or other information submitted by you or any other user.
SkyHive may provide services on the Site which enable you to communicate with or otherwise share information, including your skills profile, Job Opening and related details, messages, photos, videos, reports, documents, and other content or materials, with others through the submission, uploading, posting, or otherwise making available of such information on or to the Services (each a “Submission”).
You, and not SkyHive, have full responsibility for each Submission you make, including its liability, reliability, appropriateness, and trademark, copyright, and other intellectual property ownership. SkyHive does not and cannot review every Submission and is not responsible for, nor does it endorse, any content of the Submissions. You remain solely responsible for the content of your Submissions.
By providing Submissions to any part of the Services, including message boards, document repositories, messaging system, and discussion forums, you grant to SkyHive a royalty-free, perpetual, irrevocable, transferable, worldwide, sublicensable, and non-exclusive right to access, view, copy, use, reproduce, modify, adapt, publish, translate, create derivative works from, backup, distribute, store, communicate to the public, process, perform, and display the Submission (in whole or in part) in any form, media, or technology now known or later developed for any purpose, such as SkyHive's administration and operation of the Site and the provision of the Services, for the full term of any rights that may exist in such Submission.
Subject to the licence granted by you to SkyHive and any of SkyHive's sublicensees under the Terms, you retain ownership of any copyrights or other intellectual property rights in your Submissions (as between you and SkyHive), and SkyHive does not claim any ownership rights in your Submissions.
You represent and warrant that:
You will pay for all royalties, fees, damages, and any other monies owing to any person by reason of any Submissions posted by you to or on the Site and our associated legal and administrative costs.
SkyHive takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services on the Site, SkyHive only provides an information repository and networking platform and is not liable for any statements, representations, or Submissions provided by any of its Users.
SkyHive may remove any Content from the Services at any time for any reason whatsoever, including due to the presence of any personal information that may be used to identify any specific individual in any Content or because we believe the Content infringes or violates the rights of a third party.
Any use of or reliance on the Services or any Content is at your sole risk. SkyHive makes no representation or warranty of any kind regarding the Services or the Content.
Accuracy of the Content. All Content is provided on an “as is”, “as available”, and “with all faults” basis for informational purposes only and is subject to change without notice. While the Site may be regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect.
Specific Disclaimer. Any Submissions are the views of the Contributors and are not the views of SkyHive. SkyHive does not endorse or recommend any Submission, and the Content is not intended to substitute for your own judgment.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKYHIVE AND ANY THIRD PARTY MENTIONED ON THIS SITE OR THROUGH THE SERVICES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES OR LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES, RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY:
YOU AGREE THAT SKYHIVE AND ANY THIRD PARTY MENTIONED ON THE SITE OR THROUGH THE SERVICES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST DATA OR LOST PROFITS WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR THE SERVICES OR IN RELIANCE OF THE CONTENT AVAILABLE ON THE SITE, INCLUDING ANY BUSINESS INTERRUPTION, UNAVAILABILITY OR NON-PERFORMANCE OF THE SERVICES OR ANY OTHER PECUNIARY LOSS, WHETHER IN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF SKYHIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
SKYHIVE'S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THE TERMS FOR ANY AND ALL DAMAGES, INJURY, DEATH, PROPERTY DAMAGE, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE TERMS, THE SITE, THE SERVICES, THE CONTENT, THIRD PARTY SITES, OR YOUR USE OF THE SITE, THE SERVICES, THE CONTENT, AND THIRD PARTY SITES, WILL NOT EXCEED FIVE DOLLARS ($5.00) CANADIAN. The existence of multiple claims or suits under or related to the Terms, the Site, the Services, Content, or Third Party Sites will not enlarge or extend the maximum amount for which SkyHive is liable.
The damage exclusions and limitations of liability in this Section will apply even if any remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations of damages may not apply to you.
You will indemnify, defend, and hold harmless SkyHive, its sponsors, fund providers, affiliates, and their respective directors, officers, employees, representatives, licensors and licensees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of the Terms, your use of the Site, the Services, or the Content, your Submissions, or your violation of any law or the rights of a third party. SkyHive reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate as fully as reasonably required in the defense of any such claim.
The Services may contain links or references to other websites (the “Third Party Sites”) which, unless otherwise indicated, have been independently developed by third parties. Because SkyHive has no control over such Third Party Sites, access to any such sites is at your own risk. Such Third Party Sites are in no way investigated, monitored, or checked by SkyHive, and the Third Party Sites may contain terms, conditions, and policies, including privacy policies, confidentiality provisions, and ownership provisions that differ from the Terms.
SkyHive assumes no responsibility or liability whatsoever for the content, accuracy, reliability, or opinions expressed in Third Party Sites and disclaims all representations and warranties, express and implied. Links do not imply that SkyHive sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, tradename, logo, or copyright symbol of SkyHive.
The Terms are governed by and are to be construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You will submit to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for any and all disputes, claims, and actions arising from or in connection with the Site and the Terms.
If a court or similar body finds any part of the Terms to be invalid on unenforceable, the Terms will remain in full force and effect with only the minimum necessary changes made.
If SkyHive fails to enforce any right under the Terms, that failure does not constitute a waiver of that right (in whole or in part). Any amendment to or waiver of any such right must be made in writing by SkyHive.
These terms do not confer any third-party beneficiary or assignment rights to you. All of SkyHive's rights and obligations under these Terms are freely assignable by SkyHive in connection with a merger, acquisition, amalgamation, sale of assets, by operation of law or otherwise.
SkyHive reserves all rights not expressly granted to you by these Terms or your use of the Site.
For questions or comments, please contact SkyHive at:
SkyHive Technologies Inc.
815 W Hastings Street - 8th Floor
Canada V6C 3N9