1. INTRODUCTION
The https://hyke.studio website includes Framed Art Prints, Photographs and other items (collectively, “Products”) created by or licensed to HYKE LTD (“Hyke Shop”) that are available for purchase, subject to the payment of fees to Hyke Shop .
The following terms and conditions (referred to as the “Terms & Conditions” or the “Agreement”) govern your use of the Website and any Products and form a binding agreement between Hyke Shop and you, your company, your employer or any other person or entity you are entering into this Agreement on behalf of (collectively referred to as “you”). By using the Website or purchasing Products, you acknowledge that you have read these Terms & Conditions and agree to be bound by them. If you purchase a Product, you will also be asked to accept Terms of Service that appear during the checkout process. In the event of any inconsistency between this Agreement and the Terms of Service with respect to purchasing Products, the terms of the Terms of Service shall control. In the event of any other inconsistency between this Agreement and the Terms of Service, the terms of this Agreement shall control.
Hyke Shop reserves the right to change these Terms & Conditions at any time without notice to you. You are responsible for reviewing the Terms & Conditions each time you visit the Website or purchase a Product. If you do not wish to be bound by this Agreement, please do not use the Website or purchase Products from Hyke Shop
2. USE OF THE WEBSITE
The Website is owned and operated by Hyke Shop. The material used and displayed on the Website is the property of Hyke Shop, and it is protected by copyright, trademark and other laws. The Website and its contents, including Products and any images used on the Website (“Images”), may not be copied or reproduced without the prior written consent of Hyke Shop.
Using the Website, Products or Images other than for a permitted purpose is prohibited. For example, you are not allowed to use the Website or its content, including without limitation, the Products: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, Products, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or Products, or any related website, other websites, or the Internet. Hyke Shop reserves the right to terminate your use of the Website, the Products or any related website for violating any of the prohibited uses.
You are not allowed to share, distribute, copy, transfer, sell or re-license any of our Products or Services. You are also not allowed to modify or alter any Product or Service that you license and then resell it as your own product or service. Hyke Shop will consider such conduct to not only violate these Terms & Conditions, but also as an infringement of Hyke Shop’s intellectual property and proprietary rights and Hyke Shop reserves our rights to take any necessary steps, including asserting a legal action against you, in order to protect our rights. If you purchase a license to use any Product or Service, you are acquiring a five (5) seat license authorizing a maximum of five (5) natural persons and/or computers within your organization to use that Product or Service. If you require additional seats, please contact us at hello@hyke.shop
3. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, the Website, Products and Images are the exclusive property and copyright of Hyke Shop and are protected by national copyright laws, international treaty provisions and other applicable laws.
Other than as expressly permitted by Hyke Shop, Products may not be reproduced, modified, altered, distributed, sold, shared, sublicensed or transferred. You cannot use a Product for any purpose unless you purchase it.
Any unauthorized use of the Website, Products or Images is an infringement of copyright and/or Hyke Shop intellectual property and proprietary rights and you are responsible for any fees, damages or compensation arising from any unauthorized use.
4. PAYMENT
All Sales are final, there are no refunds, exchanges or returns. Refunds for accidental multiple purchases will be subject to transaction fees. After purchase, Products are delivered to the address indicated in the Checkout form. No copying or reproducing of Products is permitted.
All published prices and sales are in Euro Currency. Hyke Shop cannot be held responsible for any international or foreign transaction fees that are passed on by your credit card issuer. PLEASE NOTE: Hyke Shop does not accept PayPal E-Check payments.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
Disclaimer. Use of the Website and Products is at your sole risk. Except as otherwise stated in these Terms & Conditions, the Website and Products are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including without limitation, representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose. The use of the Website may not be uninterrupted or error-free.
Linked Websites. Links to other websites are provided for your convenience only and do not constitute an endorsement. No representations or warranties are made with respect to any linked website.
Limitation of Liability. Except for the indemnification to you set forth below, to the maximum extent permitted by law, Hyke Shop will not be liable for any indirect, punitive, exemplary, statutory, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims, including without limitation, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Website or any Product, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions arising out of or in any way connected with the use of the Website or any Product whether based on contract, tort, strict liability or otherwise. Hyke Shop liability to you in any circumstances will be limited to the amount you paid for the relevant Product.
6. WARRANTIES AND INDEMNIFICATION
Warranties to You. Hyke Shop has the authority and possesses all of the necessary rights to enter into this Agreement and your use of any Product in accordance with this Agreement will not infringe on any copyright of any third party.
Your Warranties to Hyke Shop. You represent and warrant that you have attained the age of majority in your jurisdiction and have the full right and authority to enter into this Agreement. If you are entering into this Agreement on behalf of your company, employer, or any other person or entity, you warrant and represent that you have the authority to do so. If you do not have such authority, you will be personally liable for any breach of this Agreement.
Indemnification by Hyke Shop. Subject to any disclaimers set forth above, provided that a Product is used in accordance with these Terms & Conditions and you are not in breach of this Agreement, Hyke Shop will defend and indemnify you from any damages, liabilities and expenses (including reasonable outside legal fees) incurred by you in connection with any actual lawsuit or legal proceeding alleging that Hyke Shop is in breach of any of the warranties provided in this Agreement.
Indemnification by You. You will indemnify and hold harmless Hyke Shop from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: your use of the Website or any Product in violation of this Agreement; your breach of this Agreement; your infringement of any third party intellectual property rights; or any act or omission by you which results in: (a) loss, damage, interference with or disruption to the Website or any Product; (b) use of the Website or any Product for any illegal purpose; or (c) use of the Website or any Product to achieve any unauthorized or prohibited access to computer systems or data.
Indemnification procedure. The party seeking indemnification (the “Indemnitee”) will promptly notify the other party (the “Indemnitor”) in writing of any claim that is eligible for indemnification. The Indemnitee, at its sole option, may assume the handling, settlement or defense of any claim, and the Indemnitor will cooperate in the defense of any such claim if requested by the Indemnitee. The Indemnitee will have the right to participate in such claim, at its expense, using the counsel of its choice. The Indemnitor will not be liable for legal fees and other costs incurred prior to the Indemnitee giving notice of the respective claim. Hyke Shop will not be liable for any losses arising from your failure to stop using any Product if so required in order to mitigate any potential damages.
7. MISCELLANEOUS
This Agreement and any access to or use of the Hyke Shop are governed in all respects by the laws of the United Kingdom, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to this Agreement.
You agree to resolve any dispute you have with Hyke Shop exclusively in a county court located in London, United Kingdom and we each agree to submit to the personal jurisdiction of the courts located in London for the resolution of any such dispute. You and we both waive any objection to jurisdiction and venue in those courts.
The Hyke Shop is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Hyke Shop to any registration requirement within such jurisdiction or country.
Privacy Policy. Hyke Shop recognizes the importance of your right to privacy and the sensitivity of personal information. Hyke Shop’s Privacy Policy, which is incorporated on Privacy Policy subpage outlines the personal information collected, how your personal information is managed and how your privacy is protected.
Entire Agreement. This Agreement (including the applicable terms of any license which are incorporated into this Agreement) constitutes the entire agreement between you and Hyke Shop pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous communications, written or oral. There are no warranties, conditions or representations and there are no agreements in connection with such subject matter except as specifically set forth or referred to in this Agreement. Any terms, conditions, representations or warranties included in any correspondence, communication, requisition or purchase order from you or any other party that conflict with this Agreement are not applicable to the subject matter of this Agreement.
Assignment. This Agreement may not be assigned or transferred in whole or in part by you without the prior written consent of Hyke Shop
Contact Information. Please direct any questions about this Agreement, Hyke Shop, the Website or Products to hello@hyke.studio