AirHive terms of use
Terms of Use
We are updating our Terms of Use: Our updated Terms of Use will be effective on April 1, 2021.
This is an agreement between u – as user of the BERG AirHive app and service – and BERG Toys B.V. – Stevinlaan 2, 6716 WB Ede. By using the BERG AirHive app and BERG AirHive service you are agreeing to be bound by the following terms and conditions ("Terms of Use").
If you are under 18 years of age, please ask your parents or guardian to agree on these terms on your behalf.
Basic Terms
1. You must be six (6) years or older to use the BERG AirHive app and BERG AirHive services (hereinafter jointly referred to as ‘BERG AirHive’).
2. If you are below the age of eighteen (18) years of age, please obtain the permission of your parent or guardian before using BERG AirHive and ask their advice on the proper and safe use.
3. Parents or guardians should see to the use of BERG AirHive by their children.
4. To be able to use BERG AirHive you need to register in order to create your BERG AirHive account. In the registration process you need to provide information. It is imperative that you provide accurate and full information.
5. You are responsible for any activity that occurs under your (screen) name and for keeping your password secure.
6. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links ("Content") that you submit, post, and display on BERG AirHive.
7. Please note that violation of any of terms of use and misconduct will result in immediate termination of your BERG AirHive account.
8. While BERG Toys prohibits certain conduct and Content on BERG AirHive, you understand and agree that BERG Toys B.V. cannot be responsible for the content posted by the users. If you become aware of certain conduct and Content that you consider in violation of the Terms of Use, please notify BERG Toys: [email protected]
9. BERG Toys may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
10. By using BERG AirHive you understand that you nonetheless may be exposed to materials that are considered a violation of the Terms of Use. The use of BERG AirHive is at your own risk.
Conduct and content
11. You may not post nude, partially nude, or sexually suggestive photos.
12. You must not abuse, harass, threaten, impersonate or intimidate other BERG AirHive users.
13. You may not use BERG AirHive for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
14. You must not modify, adapt or hack the BERG AirHive or modify another website so as to falsely imply that it is associated with BERG AirHive or BERG Toys.
15. You must not access BERG AirHive's private API by any other means other than BERG AirHive itself.
16. You must not crawl, scrape, or otherwise cache any content from BERG AirHive including but not limited to user profiles and photos.
17. You must not create or submit unwanted email or comments to any BERG AirHive members.
18. You must not use web URLs in your name without prior written consent from BERG Toys.
19. You must not transmit any worms or viruses or any code of a destructive nature.
20. You must not, in the use of BERG AirHive, violate any laws in your jurisdiction (including but not limited to copyright laws).
General Conditions
1. BERG Toys reserves the right to modify or terminate the BERG AirHive for any reason, without notice at any time.
2. BERG Toys also reserves the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
3. BERG Toys reserves the right to refuse service to anyone for any reason at any time.
4. BERG Toys reserves the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
5. BERG Toys reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
Proprietary Rights in Content on BERG AirHive
1. BERG Toys does NOT claim ANY ownership rights in the Content that you post on or through the BERG AirHive. By displaying or publishing ("posting") Content on or through BERG AirHive, you hereby grant BERG Toys a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of BERG AirHivein any media formats through any media channels. We retain this permission after you deleted your Content or account.
2. You reserve the right to adjust, modify or delete your Content at any time. BERG Toys will preserve your deleted Content for another 30 days, after that it will be deleted without the possibility to retrieve.
3. You reserve the right to delete your account at any time with the therefore provided method. Deleting your account will result in the removal of all your Content and personal data. After deleting your account BERG Toys will preserve your Content and personal data for another 30 days, after that it will be deleted without the possibility to retrieve. Please note: deleting the app does not mean that your account is deleted.
4. Some of the BERG AirHive Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BERG Toys may place such advertising and promotions on BERG AirHive or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
5. You represent and warrant that: (i) you own or created the Content posted by you on or through the BERG AirHive Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the BERG AirHive Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on BERG AirHive does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through BERG AirHive.
6. BERG AirHive contains Content of BERG Toys ("BERG Content"). BERG Content is protected by copyright, trademark, patent, trade secret and other laws, and BERG Toys owns and retains all rights in the BERG Content and the BERG AirHive Services. BERG Toys hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the BERG AirHive Content (excluding any software code) solely for your personal use in connection with viewing and using BERG AirHive.
7. BERG AirHive contains Content of Users and other BERG AirHive licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through BERG AirHive.
8. BERG Toys performs technical functions necessary to offer the BERG AirHive Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the BERG AirHive Services.
9. Although the App and other BERG AirHive Services are normally available, there will be occasions when the App or other BERG AirHive Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of BERG Toys.