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.
2. Additional 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.
3. Types of Users
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.
You may register with your contact information and password to create a user account. When registering, the information you provide, such as your name and contact information, must be current, complete, and accurate.
You are solely responsible for the activity that occurs under your account. All Users must keep their passwords secure. We encourage you to use “strong” passwords (such as passwords that use a combination of upper and lowercase letters, numbers, and symbols) for your account. You are responsible for maintaining the confidentiality of your password and you may not to permit any other person to use your account. If your password is used for logging into the Site, SkyHive will attribute that use to you and you will be responsible for any activities performed under your account. You will notify SkyHive immediately of any unauthorized use of your account or any other breach of security. SkyHive will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights over their accounts. In the event that your account is terminated by you or us, the contents of your account may not be available. In addition, SkyHive reserves the right to delete a user account in the event of any inactivity.
You consent to SkyHive's use and disclosure of your user profile and all personal information made available by your selections.
SkyHive may suspend or terminate your account or your access to the Services, or any portion of the Services, at any time without notice to you for any reason, including if we believe that you have violated the Terms. Upon termination, all the provisions of the Terms will continue to survive except for any provisions that grant you access to any of the Services. We will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
5. Intellectual Property
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.
6. Use of the Site
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).
7. Prohibited Use of the Services
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:
modify, republish, upload, post, transmit, sell, or distribute in any way the Content, without the prior written permission of SkyHive or the applicable Contributor;
translate, reverse engineer, decompile, or disassemble the Content;
remove any proprietary notices or labels on the Content;
violate, plagiarize, or infringe on the rights of any third party, including trade secrets, copyright, trademark, privacy or publicity, contract, or other personal or proprietary rights;
compromise, alter, render, or interfere with the operation of the Site in any way or interfere with anyone's use of the Site or use the Site to gain unauthorized access to other computer systems;
transmit any unlawful, harassing, libellous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national, or international law or regulation;
impersonate any person or entity on the Site or through the Services;
upload, post, or otherwise make available content that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Services other than as may be expressly permitted in writing by SkyHive or a Contributor or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws;
harvest or collect email addresses or contact information of Users other than for the purpose of knowledge sharing and networking on the Services;
transfer any rights or obligations under these Terms to any other person without the prior written permission of SkyHive;
probe, scan, or test the vulnerability of any system or network in relation to the Services;
circumvent any security or authentication measures in relation to the Services;
post or otherwise make available any unauthorized form of solicitation; or
otherwise violate the Terms or any applicable local, state, provincial, federal, or international law, order, or regulation.
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.
8. User Submissions
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 own or have secured all necessary licenses, rights, consents, and permissions to use and to authorize SkyHive to use, any trademarks, copyrighted material or other intellectual property, or proprietary material contained in your Submission;
you have the appropriate consent of every identifiable individual person appearing or referenced in your Submission to use his/her name, likeness, or any other personally identifiable information;
you are in compliance with all regulations, statutes, laws, orders, and codes of ethics, to which you are bound, including any privacy or data protection legislation in your creation, development, collection, use, or disclosure of any Submission;
your Submission does not and will not infringe or otherwise violate the rights of any party in copyright, trademark, or other intellectual property right recognized in any jurisdiction; and
the holder of any rights in such Submission, including any moral rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
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.
SkyHive may but is not obligated to screen postings. SkyHive has no control over the quality, safety, or legality of the jobs or skills profiles posted, the truth or accuracy of the postings, and the ability of Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including risk of physical harm, of dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Services.
If you have a dispute with one or more other Users, you release SkyHive (and our agents, employees, officers, and directors) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
SkyHive is under no legal obligation to, and generally does not, control the information provided by third parties which is made available through the Site. That information may be offensive, harmful, or inaccurate, and in some cases will be mislabelled or deceptively labelled. SkyHive does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity, or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk.
SkyHive has no control over and is not responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.
SKYHIVE PROVIDES THE SITE, THE CONTENT, AND THE SERVICES ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM AS PERMITTED BY LAW.
SKYHIVE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT OR THE SERVICES INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS AND WARRANTIES REGARDING CURRENCY, FREEDOM FROM ERRORS, TITLE, OMISSIONS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, RELIABILITY, TRUTHFULNESS, NON-INFRINGEMENT, EFFECTIVENESS OF TREATMENT PROTOCOLS OR PROGRAMS, AND TIMELINESS OF ANY PRODUCT OR SERVICE.
SKYHIVE DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE CONTENT, THE SERVICES AND ANY COMMUNICATIONS FROM THE SITE OR SERVICES ARE FREE OF VIRUSES, MALICIOUS CODE, UNAUTHORIZED PROGRAMS, OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE SITE AND ANY CONTENT CONTAINED THEREIN IS AT YOUR SOLE RISK.
10. Limitation of Liability
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:
YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES;
YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED IN OR THROUGH THE SERVICES OR THE SITE, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, OR TIMELINESS OF ANY CONTENT; OR
ANY OTHER MATTER RELATED TO THE SERVICES.
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.
11. Your Personal Information
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.
13. Third Party Websites
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.
14. Governing Law and Jurisdiction
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.
17. No Beneficiary Rights & Assignment
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.
18. Reservation of Rights
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.
10-107, 333 Seymour Street
Canada V6B 5A6