Hubbers terms of service

Welcome to the Web site (the "Site") of HUBBERS (referred to as "HUBBERS", "we", "us", or "our" herein). Via the Site, HUBBERS makes a number of resources available to you, including information, software, products, downloads, documents, communications, text, graphics, content, tools, and services such as technical support.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By accessing and using the Site in any way, including browsing the Site, using any information, content, or services, downloading any software or files, and placing orders for services, you agree to abide by the Terms of Use described on this page.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE, PLEASE DO NOT USE THE SITE IN ANY WAY. 

The Terms of Use are a binding agreement between HUBBERS and you.

HUBBERS is continually improving and adding new functionality and features to this Site. These improvements (or changes in the law) may require changes to these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time without prior notice. We will do so by posting an updated or modified version of these Terms of Use on this Site. Your use of this Site following any such change constitutes your agreement to comply with and be bound by these Terms of Use. For this reason, we encourage you to review these Terms of Use regularly. You may review these Terms of Use at any time by clicking on the button marked "Terms of Use" at the bottom of each page of this Site.

HUBBERS is a community of makers that bring together expertise, ideas and investments on a single platform to create and manufacture innovative consumer goods and awesome everyday life products. HUBBERS simplify, enhance and accelerate the processes of new product development, and the creation of value and profit through co-creation and lean organization.

User Roles

HUBBERS’s User Role determine the type of activity that a registered user will endorse on www.HUBBERS.co website and more generally in HUBBERS’s creative hub. A User Role also define the rights granted to a specific user, as well as his duties and commitments. Each user role has a specific disclaimer of use. For your information, please read Disclaimer of use for each User Role here.

An individual can only have one account in HUBBERS.co website, but can have any of the user role he wishes to use.

Types of User Roles

The Site distinguishes between three different types of users with distinct roles:

Creators Role：Bring new product development ideas (the “Project”) and look for expertise and funding. Projects can be spontaneously submitted or coming from a Contest. For more information on Creator's role rights and duties, as well as it’s related commitments and best practices, please look Creator’s User Manual.

Experts Role: freelancer selling his/her expertise at a price. For each task achieved in a satisfactory manner, Experts are paid agreed fees. For more information about Expert’s role rights and duties, as well as it’s related commitments and best practices, please look Expert’s user Manual.

Investors Role: Invest in Projects for the possibility to a get return on investment. For more information about Investor's rights and duties, as well as it’s commitments and best practices, please look Investor’s user Manual.

Registration

In some instances, you may be required to register to gain access to certain Site areas or services. If you choose to register on our Site, you agree to the following:

provide accurate, current, and complete information about yourself as prompted by the applicable registration form. You acknowledge that if an account created by you is not representing a real person, we reserve the right to remove it, maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site.

Acknowledge the disclaimer of use related to the type of user role(s) you intend to endorse on the platform. Respect and uphold by all possible means and in good faith the best practices related to a the user role(s) you chose on the platform as described in the related user’s role manual.

Ownership of Copyrights in Content

All of the text, data, images, graphics, audio, video and audio-video clips, software applications, and all of the other information, materials and tools made available to you through this Site (collectively, the "Content") is copyrighted under applicable copyright laws. Unauthorized use of the Site’s content may violate such laws and these Terms of Use.

Any rights not expressly granted by these Terms of Use reserved by HUBBERS and its licensors.

Ownership of Intellectual Property in Projects

Each Creator retains title to their Projects, including object and source code, and all intellectual property rights (e.g., copyrights and rights to inventions and patents that cover them) in their Projects.

Contests

HUBBERS organises Inducement Prize Contest (also referred to as IPC) for its registered users to propose new product ideas in various fields. Any registered Creator can submit only one product idea (the “Entry”) via the HUBBERS's Website and App, to become a contestant (the “Contestant”).

The contest requirements (the “Contest Requirements”) set out specific terms and conditions, which are to apply to a Contest. HUBBERS promotes a Contest hosted on the Website by providing Contest Requirements.

Contest handover (the “Contest Handover”) is the agreement between HUBBERS and the winning Contestant under which the Contestant will grant license to HUBBERS.

Contestants Eligibility:

Unless specified otherwise in the Contest Requirements, Contestants must be age of majority or older in their country in order to participate in the Contest and must be registered Creators on the Website.

Entry Submission:

Contestants may submit their Entry in image, video, text or other format as specified on the Website. For more information on Entry format and minimum content, click here.

Each Contestant can submit only one Entry per contest, but may submit up to five revisions of its Entry. Should a contest receive less than 20 Entries, HUBBERS may decide to cancel the Contest.

All Entries must comply with the Contest Requirements and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible Entry and subject to removal by HUBBERS.

Each Contestant retains title to their entry, including object and source code, and expressly reserves all intellectual property rights (e.g., copyrights and rights to inventions and patents that cover them) in their Entry. By entering and winning the Contest, the Contestant agrees to grant HUBBERS a worldwide, non-exclusive, non-transferable, irrevocable license for the Entry.

Creator agrees that HUBBERS has no liability for loss suffered by the Creator in connection with the Contest including but not limited to loss suffered (or penalties imposed) and to release HUBBERS of any liability for, and shall protect, defend, indemnify, and save HUBBERS harmless from and against all claims arising from the Contest and without regard to the cause or causes thereof.

Contest Jury and Jury Decision

Any HUBBERS's registered user can apply to become a judge, and to join the jury (the “Jury”) that assesses any Entry in a Contest. Application is done by submitting a request through the Website.

As soon as an Entry is submitted and up to 7 days after the end of the Contest, the Jury can assess and rate each entry. The rating rules for the jury can be found here. A judge must rate a minimum of 50 % of the Entries in the Contest, otherwise the ratings will not be taken into account. Judges of the Jury must not rate their own Entries, and HUBBERS platform does not allow it.

Jury and Contestants are encouraged strongly to communicate together through the Website to discuss Entries and ratings.

Judges of the Jury shall not disclose any Confidential Information of any of entries. Confidential Information gathered by the judges shall not be shared with third parties, neither can they be used for judges’ own or any third party account. Confidential Information means any information and data of a confidential nature, including but not limited to proprietary, technical, developmental, marketing, sales, operating, performance, cost, know-how, business and process information, computer programming techniques, and all record-bearing media containing or disclosing such information and techniques.

Contest Handover

At exactly midnight (Greenwich Mean Time) of the 7th day after end of Contest, the rating of Entries is concluded. HUBBERS calculates average rating of all judges of the Jury for each Entry, and then present the results to Contestants by email.

The Contest Prize (the “Prize”) is composed of

a lump sum (the “Lump sum”) that will be released to the winner of the Contest by crediting their account within one month after the Entry has been validated and provided that no other person’s right has been infringed.

a percentage (the “Royalties”) on the product sales that may be earned by HUBBERS if product is successfully developed and sold.

The Prizes are as follows:

1st place: Lump sum= xxx USD/HBB + Royalties

2nd place: Lump sum= xxx USD/HBB + Royalties

3rd place: Lump sum= xxx USD/HBB + Royalties

As a condition to receive the Prize, the winning Contestants agree to let HUBBERS use their image, and to join communication events needed for advertisement and communication purposes.

All the non-winning entries that got an average rating of more or equal to six may be added on the Website, and presented to the super-expert with related skills so they may enter HUBBERS's development process.

Copyright Infringement Complaints

We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the Site or via the Services any materials that violate another party's Intellectual Property Rights or that constitutes another Person's Proprietary Information.

Any infringing materials posted by any User can be identified and removed pursuant to the applicable law.

If you believe that any Site Content infringes a copyright, please send a notice of copyright infringement containing the following information to [email protected] :

- Identification of copyrighted material allegedly being infringed, including an attached file containing the copyrighted material;

- Identification of the Site Content claimed to be infringing including the specific location within the Site of the allegedly infringing Site Content;

- Your contact information, including address, telephone number and e-mail address, and if you are not the owner of the copyright that has been allegedly infringed, an explanation of your relationship to the copyright owner;

- A statement that you have a good faith belief that the allegedly infringing Site Content is not authorized by the copyright owner, its agent, or the law, and that under penalty of perjury, the information provided is accurate, and you are authorized to make the complaint on behalf of the copyright owner; and

- Your signature.

HUBBERS will, upon receiving your notice of copyright infringement, if that notice complies with the foregoing five requirements, take one or more of the following actions:

- reasonably determine that the allegedly infringing Site Content is not infringing, and allow the Site Content to remain,

- contact the Person who posted the allegedly infringing Site Content concerning your notice of infringement, and

- remove the allegedly infringing Site Content.

Repeat Infringer Policy

In accordance with applicable law, HUBBERS has adopted a policy of terminating, in appropriate circumstances and at HUBBERS's sole discretion, Users who are deemed to be repeat infringers.

HUBBERS may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any Intellectual Property Rights or who disclose Proprietary Information of others, whether or not there is any repeat infringement or disclosure.

Any amounts that may otherwise be or may become due from HUBBERS to any User, who has submitted User Content that infringes any Intellectual Property Rights or discloses Proprietary Information of any other Person is subject to forfeiture, at the sole discretion of HUBBERS.

Monitoring User Content

HUBBERS is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Services.

Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Site Content you may encounter on the Site or in connection with any User Content.

The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Services.

Disputes Between Users

As a condition of access to the Site and the Services, you release HUBBERS (and HUBBERS's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more Users of the Site; including, without limitation, any claim that another User infringes upon your Intellectual Property Rights in any User Content that you may provide.

You further understand and agree that:

- HUBBERS will have the right but not the obligation to resolve disputes between Users relating to the Services, and HUBBERS's resolution of any particular dispute does not create an obligation to resolve any other dispute;

to the extent HUBBERS elects to resolve such disputes, it will do so in good faith based solely on the general rules and standards of the Services and will not make judgments regarding legal issues or claims;

- HUBBERS's resolution of such disputes will be final with respect to the Site, and any allocation of Influence or the allocation of any payments due to Users related to the foregoing, but will have no bearing on any real-world legal disputes in which Users of the Services may become involved; and

- you hereby release HUBBERS (and HUBBERS's shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with HUBBERS's resolution of disputes relating to the Site or the Services.

Privacy Policy

Please review the Privacy Policy posted on this Site (the "Privacy Policy") to learn what personal information is collected through this Site, how it is used and with whom it is shared.

The Privacy Policy is part of these Terms of Use. When you agree to be bound by these Terms of Use, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy. If you do not consent to our use of your personal information as set forth in our Privacy Policy, you may not access or use this Site.

Trademark Notice

All of the trademarks, service marks and logos displayed on this Site ("the Trademark(s)") are registered and unregistered trademarks of HUBBERS, one of its affiliates, or a third party.

No right, title or interest in any Trademark is transferred to or acquired by you or your company under these Terms of Use or by virtue of your use of this Site. Except as expressly permitted under these Terms of Use, you may not reproduce, display or otherwise use any Trademark without first obtaining written permission from the owner of the Trademark.

Third-Party Information

Some of the information, articles and other materials available through this Site are provided to us by third parties. These third party materials are provided for your interest and convenience only. Although we select with care those who provide these materials to us, we do not endorse these materials nor do we warrant or represent that these materials are current, accurate, complete or reliable. It is your responsibility to evaluate the currency, accuracy, completeness and reliability of all third-party information obtained or provided through this Site. You use these materials at your own risk and subject to any third-party disclaimers.

Links to Other Sites

This Site contains links to websites that are not operated by HUBBERS. These links are provided for your reference and convenience only, and do not imply that HUBBERS or its affiliates endorse the material on these websites. HUBBERS does not control these sites and is not responsible for their content. You access and use these sites solely at your own risk. These Terms of Use, including the Privacy Policy, which is part of these Terms of Use, do not apply to any other website. If you access another website through a link on this Site, please take a few minutes to review the terms of use and privacy statement posted on that website.

Disclaimer of Warranties and Limitation of Liability

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, HUBBERS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HUBBERS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. HUBBERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL HUBBERS, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND WHETHER OR NOT HUBBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver by HUBBERS of any breach of any provision of these Terms of Use of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

Governing Law and Jurisdiction

You agree to comply with all laws, rules and regulations applicable to your downloading or use of the Software available on or through this Site.

These Terms of Use will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any principles of conflicts of laws. You and HUBBERS each agree to submit to the personal and exclusive jurisdiction of the courts located in Hong Kong.

Entire Agreement

This Agreement constitutes the entire agreement between you and HUBBERS with respect to your access to and/or use of this Site. This Agreement shall not be amended except as expressly set forth herein.

Questions or comments regarding this Website or these Terms of Use should be directed to [email protected]

HUBBERS CONTACT INFORMATION:

HUBBERS LIMITED

Address: Taitung building, 8 fleming Road, Room 904, Wanchai, Central, Hong Kong

Email: [email protected]