The Superhive (“SH”) website, https://superhivemarket.com (the "Site"), is a web page operated by Autotroph, Inc. ("Autotroph"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (collectively, the "Terms").
Your use of the Site constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.
SH is a platform created to allow you to purchase licenses of digital goods (each a “Product,” and, collectively, the “Products”) on the Site. The Products on the Site are owned by the author(s) (the “Creator[s)”) of the Products, not by SH. SH will not take ownership of the Products or obtain any rights to use the Products, other than to promote and make such Products available for purchase on the Site.
Autotroph does not knowingly collect, either online or offline, personal information from persons under the age of 16. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.
Becoming A Member:
To become a member of and to use the Site, you must register and be of at least 16 years of age. If you, your parent, or guardian has any concerns please feel free to contact us. Membership is free and required in order to: (a) buy Products on the Site; (b) interact with Creator(s) of Products; and/or (c) publicly comment on the Products.
During the registration process, we will ask for information to help establish your account. You agree to provide accurate, current, and complete information. To understand how SH uses such information, please review SH's Privacy Policy.
Site Availability:
Autotroph works very hard to keep the Site online 24 hours a day, seven days a week; though there may be times the Site will become unavailable. We will not be liable for any loss you suffer as a result of Site outages.
How Does Buying Stuff Work?:
When purchasing a Product from the Site, you are purchasing a “grant of rights” or “license” to use the purchased Product, not the actual Product. Your use of such Product must be in accordance with the licensed rights granted by the licensor (i.e., Creator[s]) of such purchased Product. Different license types are available for you to choose from when you purchase a Product.
Understanding which license is applicable in connection with the Product purchased from the Site is very important and your sole responsibility. Please take ample time to review the different license options available on our license page and review the “Conditions of Purchase” terms below, prior to purchasing Products through the Site.
Conditions of Purchase:
Any Creator of any and all Products retains ownership of such Products;
You’ve carefully reviewed the license options offered by any Creator in connection with the Product and agree it fits your intended usage scenario;
There is no guarantee that the Product will be available on the Site forever, so it is encouraged for you to download such Product and save it in a safe place
To use the Product as intended and pursuant to the rights granted in the license for such Product; and
To not redistribute, resell, or share the Product(s) obtained from the Site with third parties, unless authorized by the license for the Product(s) purchased.
Autotroph works hard to ensure quality of Products sold on the Site and to hold its Creators responsible for their Product(s). To review what Creators are agreeing to when supplying Products to Superhive, please review their agreement (including the Maintenance and Support Terms and Conditions they agree to) .
Taxes, Fees, and Charges:
You are responsible for paying all taxes, fees, and charges associated with your use of the Site wherever levied.
Currency Conversion:
You are responsible for all costs of currency conversion you may incur from your financial institution in connection with your purchase of Products from the Site. Autotroph has no control over such currency conversion.
Payment Information:
Autotroph and/or SH does not store any credit card information in our respective databases. Credit card information is solely stored via a third-party payment processor (e.g., including, without limitation, https://stripe.com or https://paypal.com).
Product Maintenance and Support:
As a condition of remaining active on SH, Autotroph encourages Creators to provide good-faith maintenance and support for their Products. For the avoidance of doubt, SH and/or Autotroph have/has no obligation whatsoever to furnish any maintenance and/or support services with respect to the Products.
Please visit SH's Maintenance and Support Terms and Conditions incorporated herein and made a part of the Terms.
A Creator’s maintenance and support is offered by maintenance and support conversations and documentation available on each Product’s page on the Site. If you feel this is not being offered by a Creator, then please contact SH at [email protected]
Refunds:
As a buyer, we want to make sure you are happy with every Product purchase you make on the Site. If you’re not happy, we are not happy! PLEASE LET US KNOW OF SUCH UNHAPPINESS AT [email protected]
If you purchase any Product and it does not work, WE FIRST ASK YOU CONTACT THE CREATOR AT THE CREATOR’S MAINTENANCE AND SUPPORT PAGE AND ASK FOR THEIR HELP IN RESOLVING YOUR ISSUE. If, after contacting the Creator, the Product still does not work, or you feel the Creator has misrepresented the Product, please feel free to contact us and let us know the Product you would like refunded, along with a detailed description of the issues with the Product. We will investigate, and if the Product is found faulty or not working as described, it will be fixed, or your purchase amount will be refunded, pursuant to our refund policy (see below).
Note: Please, prior to contacting SH, first visit the Creator’s Product page for the Product in question, and ask the Creator for maintenance and support.
The full refund policy can be found here: https://support.superhivemarket.com/article/22-refund-policy
Refund contact: [email protected]
Playing Nice:
The Internet is full of humans from around the world and this is the most exciting aspect of it. Autotroph believes in and works hard to create a pleasant online community experience while you are using the Site. To help foster and contribute to a “pleasant online community,” there are some fundamental rules you agree to adhere to, they are as follows:
Be courteous and respectful to the opinions and feelings of others. Use of the Site is not an entitled right.
Harassment of other members will not be tolerated and may result in an instant termination or suspension of your account, in Autotroph's sole discretion.
Do not send any unsolicited or unauthorized: advertising, promotional materials, email, junk mail (e.g., spam), chain letters, or other forms of solicitation.
Do not violate any applicable laws, statutes, and/or regulations.
Do not impersonate or misrepresent your affiliation with any person and/or entity.
Do not attempt to probe or attempt malicious attacks against Autotroph's servers, infrastructure, and/or affiliated websites (including, the Site).
Removal of Content:
You grant Autotroph and/or SH the right to look at and/or remove any of your content, in our sole discretion, for any reason we see fit. Reasons may include, without limitation: quality issues; DMCA takedown notices; content that is unauthorized, misleading, incorrect, offensive; breach of any third party rights (e.g., including, without limitation, copyrights, trademarks, rights of publicity); and/or, content on or use of the Site (or Autotroph’s affiliated websites) that may result in liability to Autotroph or anyone else.
Deactivation and/or Termination:
Autotroph reserves the right to suspend and/or terminate your account and/or membership if, in Autotroph's sole discretion, (a) any information you provide turns out to be false, not current, and/or incomplete; or, (b) it is found your actions on the Site and/or Autotroph’s affiliated websites are deemed to be unlawful and/or violate the Terms of the Site.
Becoming a Creator:
SH is an exciting opportunity to enable yourself to create and potentially earn passive income through the Site. To become a Creator on the Site you must be 16 years of age or older. You must also read and agree to our Creator Terms. If you are interested in becoming a Creator you must fill out the application here.
Privacy Policy:
Autotroph has a firm commitment to safeguarding your privacy. Please visit SH's Privacy Policy to review and understand how and what information is collected by SH. The terms and conditions of SH's Privacy Policy are incorporated herein and made a part of the Terms.
Third Party Links:
For your convenience, we may provide links to various other third-party websites (“Other Websites”) that may be of interest to you and for your convenience. However, Autotroph does not control or endorse such websites and is not responsible for: (a) their content; and/or (b) the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Other Websites. Please read the “terms and conditions” or “terms of use” policies of any Other Websites you may link to from the Site.
The Terms herein apply only to the Products SH and/or Autotroph, as applicable, offer(s) on this Site. If you decide to access Other Websites linked to from the Site and/or from Autotroph’s affiliated websites, you do so at your own risk.
SH and/or Autotroph disclaim(s) all warranties, express and/or implied, as to the accuracy, validity, and legality or otherwise of any materials and/or information contained on Other Websites.
Intellectual Property:
Content such as designs, trademarks, logos, copyrights in and to this Site and Autotroph’s affiliated websites are the property of Autotroph, Inc.; all rights reserved.
For the avoidance of doubt, unless created and uploaded by Autotroph, Autotroph does not own or is it liable for the Products uploaded by Creators on the Site and/or Autotroph’s affiliated websites.
Copyright Policy/DMCA Take Down Notice:
Autotroph respects the intellectual property rights of others and expects our vendors and our members to also respect such intellectual property rights. If you believe something on this Site and/or Autotroph's affiliated websites have/has infringed your intellectual property rights, please review our “DMCA Take Down Notice” procedures.
Indemnity:
You agree to defend, indemnify, and hold Autotroph, its officers, subsidiaries, shareholders, agents, Creators, partners, and employees harmless from and against any and all claims, damages, costs, expenses or other harm of any kind, including attorneys' fees, due to or arising from or related to: (a) your use of this Site and/or Autotroph’s affiliated websites; (b) your use of Products; (c) your default under any provision of the Terms; (d) your violation of any laws; and/or (e) your violation of any rights of a third party. Autotroph has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, the Terms, or the Site and/or Autotroph’s affiliated websites.
No Warranties/Limitation of Liability:
AUTOTROPH, SH, AND/OR ITS CREATORS MAKE NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. AUTOTROPH, SH, AND/OR ITS CREATORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL AUTOTROPH, SH, AND/OR CREATORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITAITON, DAMAGES FOR LOSS OF USE, DATA, AND/OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED: (A) WITH THE USE OR PERFORMANCE OF THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES; (B) WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES OR RELATED SERVICES; (C) WITH THE PROVISION OF OR FAILURE TO PROVIDE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES; AND/OR (D) WITH OUTCOMES ARISING OUT OF USE OF THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AUTOTROPH AND/OR CREATORS HAVE/HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR AUTOTROPH’S AFFILIATED WEBSITES.
Amendment:
Autotroph or SH reserves the right to amend the Terms from time to time at Autotroph's or SH’s sole and absolute discretion. If you continue to use the Site and/or Autotroph’s affiliated websites and the services offered therein, after any such amendments, you will be deemed to have accepted such amendments.
Arbitration:
You, on one hand, and Autotroph and SH, on the other hand, agree that any dispute, claim, or controversy arising out of or relating in any way to the Site and/or Autotroph’s affiliated websites, shall be resolved by mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision and that you, Autotroph, and SH are each waiving the right to a trial by jury and waiving the right to participate in a class or multi-party action. This arbitration provision shall survive termination of your use of the Site and/or Autotroph’s affiliated websites. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA Rules") and as administered by the AAA.
YOU, AUTOTROPH, AND SH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY IN A PROCEEDING. Further, the arbitrator shall not consolidate any other third party’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding. The arbitrator may not award declaratory or injunctive relief.
Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows of or reasonably should have known of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within such one (1) year time period. In the event, applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
You, SH, and Autotroph agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act. You, SH, and Autotroph further agree that applicable laws of the State of Illinois shall exclusively govern any dispute without regard to choice or conflicts of law rules. The sole and exclusive venue for the resolution of any dispute, whether or not subject to mandatory arbitration as described above, shall lie in the County of Cook, in the State of Illinois.
No Unlawful Or Prohibited Use:
As a condition of your use of the Site, and/or Autotroph’s affiliated websites, you represent and warrant to SH and Autotroph that you will not use the Site and/or Autotroph’s affiliated websites for any purpose that is unlawful or prohibited by the Terms. You may not use the Site and/or Autotroph’s affiliated websites in any manner that could damage, disable, overburden, or impair the Site and/or Autotroph’s affiliated websites, or interfere with any other party’s use and enjoyment of the Site and/or Autotroph’s affiliated website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site and/or Autotroph’s affiliated websites.
General Information:
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by the Terms. Autotroph may assign its rights and responsibilities hereunder without notice to you. You shall not assign any of your rights pursuant to this Agreement to any other party. The failure of SH and/or Autotroph to exercise or enforce any right or provision of the Terms shall not constitute a waiver of the right or provision. SH’s and/or Autotroph's failure to act with respect to a breach by you does not waive Autotroph's right to act with respect to subsequent or similar breaches.
If any part of the Terms are held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms shall continue in effect.
This Agreement constitutes the entire agreement between you, SH, and Autotroph with respect to Products purchased on the Site and/or Autotroph’s affiliated websites and supersedes all other communications, written or oral, with regard to the Products purchased or use of the Site and/or Autotroph’s affiliated websites.
Contact:
E-mail: [email protected]
Autotroph, Inc.
25 N River Lane, STE 10
Geneva, IL 60134