These Terms of Service govern your use of the website located at https://hayate.io and any related services provided by Newshape Media Company.
By accessing https://hayate.io, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Newshape Media Company.
We, Newshape Media Company, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on August 10, 2024.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or "mirror" the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Newshape Media Company provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorized advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website are owned by or licensed to Newshape Media Company and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Newshape Media Company at any time.
User-Generated Content
As a user of Hayate, you retain ownership of any intellectual property rights you hold in the content you submit, post, upload, or otherwise make available on our platform. Newshape Media Company does not claim ownership over your content; however, by using our services, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, distribute, modify, reproduce, publicly display, translate, and create derivative works from your content. This license is aligned with your privacy settings and is governed by our Privacy Policy.
This license allows us to incorporate your content into advertisements, broadcasts, or other compositions, and remains valid even after you delete your content or account, to the extent necessary for the completion of any campaigns or uses initiated prior to the deletion. The license will terminate once the use of your content is discontinued commercially by us or our partners.
You also permit us to use your username, profile picture, and information related to your content submissions, in accordance with your account settings and our Privacy Policy, to promote or feature your content within our platform or in external media. For detailed guidelines on the permissible uses of user-generated content and the obligations of users when posting content, please refer to our Acceptable Use Policy.
Registration and Payments
To access the services provided by Hayate, users are required to register and create an account. It is imperative that all information provided during the registration process is accurate and kept up-to-date. Users are responsible for maintaining the security of their accounts and for all activities that occur under their account. In the event of any unauthorized access to your account, you must notify Newshape Media Company immediately. We are not liable for any loss or damage arising from your failure to secure your account credentials.
When registering, users may be required to provide financial information pertinent to their chosen payment method, including credit card details for some transactions. All payment processing is conducted via third-party services such as PayPal, Stripe, Google Payments, Apple Pay, or Tap Payments. Newshape Media Company does not process or retain any financial information; instead, these third-party payment processors manage all transactional data according to their own terms of service, which you must agree to and comply with as part of using our platform.
Newshape Media Company offers a range of subscription packages that provide access to premium features including ad-free browsing, enhanced analytics, and exclusive content. Subscription fees are charged in advance and are non-refundable, except as required by law. Subscriptions automatically renew using the payment details on file, and users must cancel their subscriptions before the renewal date to avoid billing for the next period. Users can manage their subscriptions and perform cancellations through their account settings. We send reminder notifications about upcoming renewals to your registered email address to help manage your subscription preferences effectively.
Monetization Features
Hayate provides monetization opportunities for users, including advertising revenue sharing and sponsored content partnerships. Users eligible for monetization can generate revenue based on engagement metrics specified on our platform. All sponsored content must adhere to our Acceptable Use Policy and applicable disclosure requirements under consumer protection laws. Users participating in these monetization features must comply with all applicable laws and regulations.
Digital Wallet Services
Hayate offers a digital wallet service that enables users to manage digital transactions involving real or virtual currencies. The digital wallet service is subject to terms that govern the use, risks, and limitations of digital financial services. Users must use the digital wallet in compliance with all applicable laws, including those preventing money laundering and financial fraud. Newshape Media Company does not assume liability for losses incurred due to fluctuations in digital currency values or security breaches. Transaction fees and other charges associated with the digital wallet are disclosed on the platform. Detailed procedures for withdrawing or transferring digital currencies are available to users, subject to regulatory restrictions and platform policies.
Disclaimer and Limitations of Liability
The services provided by Hayate and the materials on our website are offered on an 'as is' and 'as available' basis. Newshape Media Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the services will be uninterrupted, timely, secure, or error-free, nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.
Newshape Media Company, nor any of its directors, employees, agents, affiliates, or suppliers, shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Newshape Media Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, Newshape Media Company's liability is limited to the greatest extent permitted by law. Additionally, notwithstanding any damages that you might incur, the entire liability of Newshape Media Company under any provision of this Terms of Service and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service.
This limitation of liability section applies fully in jurisdictions that allow such limitations and exclusions by law. Users are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and they agree to accept responsibility for all activities that occur under their account or password.
Accuracy of Materials
The materials provided on the Hayate platform are intended for general information purposes and are not exhaustive. Newshape Media Company makes no representations or warranties about the completeness, accuracy, reliability, or suitability of the information or materials found on our website or any linked resources. Given the dynamic nature of social media content and the possibility of changes to information over time, users should not use website materials as the sole basis for making significant decisions. We encourage you to consult more comprehensive or professionally sourced data when necessary.
We continually strive to improve the relevance and accuracy of the content available on our platform, but we retain the right to modify, update, or delete any information without prior notice. It is your responsibility to monitor such changes to stay informed. Newshape Media Company disclaims all liability for any reliance placed on the materials provided on the Hayate website by you or any person informed of its contents.
Additional Tools
Please note that our website may include third-party tools which are outside of our control. The access to said tools is provided on an 'as is' basis with no warranties, expressed or implied, and without any endorsement. We are not liable for the use of the third-party tools provided on our website. You are solely responsible for any risks associated with using said tools, we recommend reading the relevant third-party provider’s Terms of Service. Newshape Media Company has the right to offer new third-party tools in the future.
Links
Newshape Media Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Newshape Media Company of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Inaccuracies and Mistakes
Please note that any content available on our website may contain typographical errors, inaccuracies, or mistakes related to the service’s description, pricing, promotion, and availability. We have the right to cancel or update any existing orders should any information provided by us be proven inaccurate. Said information can be amended at any time without prior notice. Please note that we are not obligated to clarify any of the information related to our website and service, including pricing information, except as required by law.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the website; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the website with whom you connected via the website.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on the website or with respect to the website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Governing Law
These Terms of Service are governed by the laws of Kuwait and any disputes related to these terms will be adjudicated exclusively in the courts of Dubai, UAE. Users agree to submit to the jurisdiction of these courts for the resolution of all disputes arising from or related to their use of Hayate.
Dispute Resolution
To address disputes, we first encourage you to contact us directly to seek a resolution through our customer service center. If the dispute cannot be resolved informally, both parties agree to engage in good faith negotiations before pursuing any further legal action. Should these efforts not resolve the issue within 60 days, either party may then elect to resolve the dispute through binding arbitration conducted in Dubai, UAE, in accordance with the Arbitration Rules of the Dubai International Arbitration Centre. The outcome of the arbitration shall be final and binding, and enforceable in any court of competent jurisdiction.
Exceptions are allowed where either party may seek relief in small claims court for disputes falling within that court’s scope. Additionally, Newshape Media Company may pursue injunctive relief in any court of competent jurisdiction to prevent the infringement or misappropriation of its intellectual property rights. All disputes must be handled on an individual basis; there is no authority for any dispute to be arbitrated or adjudicated on a class-action basis or to utilize class action procedures. Any changes to this section will be posted on the Hayate website at least 30 days in advance, with changes effective 30 days after posting and not affecting disputes of which Newshape Media Company had notice before the date of the change.
