Last updated: February 1, 2023
Welcome to HypeHorizen.com. HypeHorizen.com and/or its affiliates (“HypeHorizen”) provide website features and other products and services to you when you visit or shop at HypeHorizen.com, use HypeHorizen products or services, use HypeHorizen applications for mobile, or use software provided by HypeHorizen in connection with any of the foregoing (collectively, “HypeHorizen Services”). By using the HypeHorizen Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
We offer a wide range of HypeHorizen Services and Products, and sometimes additional terms may apply. When you use a HypeHorizen Service (for example, Your Profile, Gift Cards, HypeHorizen Video, Your Media Library, HypeHorizen devices, or HypeHorizen applications) you also will be subject to the guidelines, terms and agreements applicable to that HypeHorizen Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of HypeHorizen Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use HypeHorizen Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other HypeHorizen Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any HypeHorizen Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HypeHorizen or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any HypeHorizen Service is the exclusive property of HypeHorizen and protected by U.S. and international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HypeHorizen Service are trademarks or trade dress of HypeHorizen in the U.S. and other countries. HypeHorizen’s trademarks and trade dress may not be used in connection with any product or service that is not HypeHorizen’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HypeHorizen. All other trademarks not owned by HypeHorizen that appear in any HypeHorizen Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HypeHorizen.
PATENTS
One or more patents owned by HypeHorizen apply to the HypeHorizen Services and to the features and services accessible via the HypeHorizen Services. Portions of the HypeHorizen Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, HypeHorizen or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the HypeHorizen Services. This license does not include any resale or commercial use of any HypeHorizen Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any HypeHorizen Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by HypeHorizen or its licensors, suppliers, publishers, rightsholders, or other content providers. No HypeHorizen Service, nor any part of any HypeHorizen Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HypeHorizen. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HypeHorizen without express written consent. You may not use any meta tags or any other “hidden text” utilizing HypeHorizen’s name or trademarks without the express written consent of HypeHorizen. You may not misuse the HypeHorizen Services. You may use the HypeHorizen Services only as permitted by law. The licenses granted by HypeHorizen terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own HypeHorizen account to use certain HypeHorizen Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Payments to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. HypeHorizen does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the HypeHorizen Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their HypeHorizen Household. Alcohol listings on HypeHorizen are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. HypeHorizen reserves the right to refuse service, terminate accounts, terminate your rights to use HypeHorizen Services, remove or edit content, or cancel orders in its sole discretion. Your affiliate account with HypeHorizen is contingent upon your status as a HypeHorizen Team Member or a HypeRizing Team Member, unless written permission has been explicitly granted by HypeHorizen management. HypeHorizen reserves the right to close any account at any time, with the sole decision-making power residing with HypeHorizen management and ownership.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HypeHorizen reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant HypeHorizen a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HypeHorizen and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HypeHorizen for all claims resulting from content you supply. HypeHorizen has the right but not the obligation to monitor and edit or remove any activity or content. HypeHorizen takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
HypeHorizen respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement
RISK OF LOSS
All purchases of physical items from HypeHorizen are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
HypeHorizen does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, HypeHorizen does not take title to the refunded item.
PRODUCT DESCRIPTIONS
HypeHorizen attempts to be as accurate as possible. However, HypeHorizen does not warrant that product descriptions or other content of any HypeHorizen Service is accurate, complete, reliable, current, or error-free. If a product offered by HypeHorizen itself is not as described, your sole remedy is to return it in unused condition.
PRICING
With respect to items sold by HypeHorizen, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by HypeHorizen is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any HypeHorizen Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using HypeHorizen Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including HypeHorizen Software), technology, and services.
OTHER BUSINESSES
Parties other tha HypeHorizen operate stores, provide services or software, or sell product lines through the HypeHorizen Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from HypeHorizen. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). HypeHorizen does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HYPEHORIZEN SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HYPEHORIZEN SERVICES ARE PROVIDED BY HYPEHORIZEN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HYPEHORIZEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HYPEHORIZEN SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HYPEHORIZEN SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HYPEHORIZEN SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, HYPEHORIZEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYPEHORIZEN DOES NOT WARRANT THAT THE HYPEHORIZEN SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HYPEHORIZEN SERVICES, HYPEHORIZEN’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HYPEHORIZEN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HYPEHORIZEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPEHORIZEN SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HYPEHORIZEN SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any HypeHorizen Service will be adjudicated in the state or Federal courts in New York and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
APPLICABLE LAW
By using any HypeHorizen Service, you agree that applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HypeHorizen.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of HypeHorizen Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS:
HypeHorizen.com
P.O. BOX 197
Elk Mills, MD 21920-0197
https://www.hypehorizen.com
