4 February 2009
Welcome to Hikkup!
1. Acceptance of Terms
Hikkup is owned and operated by Hiccup Enterprises, Inc. (‘Hikkup‘, ’we‘, ’us‘ or ’our‘). These terms of service and the Hikkup Privacy Policy as well as any other guidelines, rules and additional terms referenced herein are hereby incorporated herein by this reference (collectively, the ’Terms of Service’) and set out the legally binding terms with respect to your use of and our provision of the website located at http://www.hikkup.com or any other such URL that Hikkup uses from time to time (known as the ’Hikkup Site‘) and the related services (the ’Hikkup Services‘).
Please read these Terms of Service carefully. By accessing the Hikkup Site and/or using Hikkup Services (whether as a visitor or a Member as defined in Paragraph 2 of these Terms of Service), you agree to be bound by these Terms of Service. Do not access the Hikkup Site or use Hikkup Services if you are unwilling to be bound by these Terms of Service. If you wish to become a Member, communicate with other users and/or make use of Hikkup Services, you must read this Agreement and indicate your acceptance during the registration process.
2. Members and Visitors
In order to use Hikkup Services, you have to register as a member by completing Hikkup’s online registration process as set out in section 4 of these Terms of Service (in which case you are a ’Member’).
By replying in the affirmative to a Hikkup permission request received by SMS to your mobile phone (known as a ”Teaser”) agreeing to receive an SMS message (anonymous or otherwise) from a Member or if you are just visiting the Hikkup site, but not using the Hikkup Services, you are known as a ”visitor”. In these Terms of Service, Members and visitors will be collectively referred to as ”you”, ”your”, ”users” or ”Users” unless the context indicates otherwise.
3. Description of Service
The Hikkup Site is a website which provides its users with certain services which are offered from time to time, including:
a) an online application that lets Members send anonymous messages via short message service (‘SMS’) to people they know (their ‘Friends’) and to maintain the Member’s anonymity whilst engaging in SMS conversations with their Friends. To accomplish this, Members compose and send messages and hold conversations with their Friends through the Hikkup Site and/or Hikkup Services.
b) an online application that lets Members send messages via SMS to their Friends, allowing their Friends to reply to the Member anonymously via SMS and letting the Member and their Friends to continue corresponding on that basis using Hikkup Services, all the while maintaining any Friends’ anonymity. To accomplish this, Members compose and send messages and hold conversations with their Friends through the Hikkup Site and/or Hikkup Services.
Once a registered, Members can start sending SMS messages (anonymous or otherwise) to any person whose mobile telephone number they know. Prior to doing so however, they are required to send a Teaser to any proposed recipient asking for their permission to send them a message.
4. Registration and Security.
Users can register to be a Member either via the Hikkup Site (“Online Registration”) or via their mobile phone (“Phone Registration”). For Online Registration, users select the ‘new users’ option on the Hikkup Site homepage or are prompted to register when attempting to access and/or use Hikkup Services. For Phone Registration users send an SMS message to Hikkup’s short code number as determined by Hikkup from time to time.
You must be a Member in order to use the Hikkup Site and the Hikkup Services except if you are replying to a message sent by a Member. To register via Online Registration or Phone Registration, you must select a password and user name (‘User ID’) and provide Hikkup with your mobile telephone number. In the case of Phone Registration, the user is deemed to have provided Hikkup with the phone number from which the user initiates Phone Registration for membership purposes. This mobile telephone number you provide will be used by Hikkup for billing purposes in the event that you use Hikkup Services to send SMS messages or use any other such services for which Hikkup charges according to these Terms of Service and/or any notifications you receive from Hikkup. You may also provide Hikkup with an email address. If you do provide Hikkup with an email address, it must be one that you own and use and you represent that this is the case upon providing Hikkup with this information.
If you register as a Member, you agree to provide Hikkup with accurate, complete, and updated registration information including but not limited to the mobile telephone number provided and that the mobile telephone number you provide is one which you own and of which you are the bill payer or have the bill payer’s permission through which to use Hikkup Services. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a User ID, mobile telephone number or an email address owned or controlled by another person with the intent to impersonate that person, (ii) use as a User ID any name subject to any rights of a person other than yourself without appropriate authorisation or iii) enter or use a mobile phone telephone number of which you are not the owner and bill payer or for which you do not have the bill payer’s authorisation.
Hikkup reserves the right to refuse registration of or cancel a User ID for any reason whatsoever and at its absolute discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID, mobile telephone number and password. Any User ID and/or password provided to you for your access to the Hikkup Service shall be for your personal use only. You agree to (a) immediately notify Hikkup of any unauthorized use of your User ID and/or password, and (b) ensure that you exit from your account at the end of each session. If you believe that the security of your password and/or User ID has been compromised please send and email to security@hikkup.com.
5. Rights to Content
Your Content: When you transmit, post or provide text, photos, video, sounds, information, works of authorship, or any other materials (collectively known as ‘Content’) that you own on or through the Hikkup Site and/or using the Hikkup Services, you are not granting any ownership rights in such Content. You retain all of your ownership rights in such Content, and you will continue to have the right to use your Content. If you transmit, post or display any such Content on or through the Hikkup Site and/or Hikkup Services, you hereby grant to Hikkup a transferable, non-exclusive, worldwide, cost-free, royalty-free license to use, modify, publicly perform, publicly display, sublicense, reproduce, and distribute and otherwise exploit such Content in connection with the Hikkup Site and/or Hikkup Services, including allowing other users of the Hikkup Services and Hikkup Site to access and use such Content. This license to Hikkup is irrevocable until you decide to delete your Content from the Hikkup Services and Hikkup Site and all other users of the Hikkup Services and Hikkup Site cease their use, distribution or display of such Content; however you acknowledge that Hikkup may retain archived copies of your Content. You represent and warrant that you are the sole owner of the Content provided by you on or through the Hikkup Services and Hikkup Site and, if you are not the sole owner, you have the full right to grant the license provided to Hikkup in this section without violating the rights of any other persons. In the event that any royalties, fees, damages or other costs are owing to any person because of the Content provided by you to or through the Hikkup Services or Hikkup Site, you agree to pay all such costs.
Other Users’ Content: The Hikkup Services and Hikkup Site include the Content of other users and licensors. Except for Content posted by you, you may not reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, transfer, sublicense or sell any such Content. You may not remove any and/or all copyright and/or other proprietary notices contained in such Content. Hikkup does not control the Content posted by third parties via the Hikkup Site and/or Hikkup Services, including the content of any messages, and does not guarantee the accuracy, integrity or quality of such Content. Hikkup does not endorse, and has no control over such Content. Such Content is not regularly reviewed by Hikkup and does not necessarily reflect the opinions of Hikkup or its employees or shareholders. Hikkup makes no (and disclaims all) warranties, whether express or implied, as to the Content or to the accuracy and reliability of such Content or any material or information that you transmit to other users.
Hikkup Content: The Hikkup Services and Hikkup Site contain content provided by Hikkup (‘Hikkup Content’). Hikkup owns and retains all right, title and interest in Hikkup Content, Hikkup Services and the Hikkup Site. Subject to all of the other terms of this Terms of Service, Hikkup hereby grants you a non-transferable, non-sub licensable, non-exclusive, revocable, license during the term of these Terms of Service to use and access Hikkup Content solely for your personal use in connection with the permitted viewing of the Hikkup Site and permitted usage of the Hikkup Services. You may not remove any and/or all copyright and/or other proprietary notices contained in such Hikkup Content. You may not reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, transfer, sublicense or sell any such Hikkup Content.
6. Teasers
A Teaser is an SMS with a standard form of wording set by Hikkup from time to time, which Members are required to send to a recipient prior to being permitted to send them an initial SMS (anonymous or otherwise) and thereby start a conversation using Hikkup Services.
Non-members may use the Hikkup Services to correspond by SMS with a Member by replying to a Teaser sent to their mobile phone in the affirmative confirming that they agree to receive an SMS (anonymous or otherwise) from a Member. In the event that a recipient of a Teaser does not respond within 48 hours of a Teaser being sent to them by a Member or replies negatively to a Teaser via SMS, Hikkup will not permit the Member to send that proposed recipient an SMS using Hikkup Services.
Hikkup accepts neither responsibility nor any liability for any occasion on which a response to a Teaser has been misinterpreted, misconstrued or for any other mistakes, errors or omissions whether technical or otherwise that occurs in relation to a Teaser.
Any instance in which you believe a Teaser has been misconstrued or misinterpreted, such as if you replied negatively to a Teaser, but the Member has proceeded to send you a personalised SMS should be reported to Hikkup at info@hikkup.com.
7. Delivery and Content of SMS Messages
Users may correspond with each other using Hikkup Services by sending SMS messages to another user’s mobile telephone number either through the Hikkup Site or via their mobile phone using Hikkup Services. Users are charged for these Hikkup Services in accordance with these Terms of Service.
Members may view, send and receive messages using the Hikkup Site. They may also elect to view and/or receive messages to their mobile telephone and/or email address and to send messages from their mobile telephone using Hikkup Services. Visitors may only send and receive SMS messages using Hikkup Services to and from the mobile telephone account through which a Member has been corresponding with the visitor.
Hikkup deems that a single SMS message sent through Hikkup Services and/or the Hikkup Site is no more than 160 characters in length. Users may send messages exceeding 160 characters, but such messages will be deemed to be more than one message for charging purposes.
Each and every message sent and received using Hikkup Services and/or the Hikkup site is sent and received in accordance with these Terms of Service.
8. Use of the Site
Provided that such messages and activities do not in any way breach these Terms of Service, you may use the Hikkup Site and/or Hikkup Services to send SMS messages to other users and to your Friends, you may forward messages to your Friends, whether or not they are existing users and invite Friends to become Members of the Hikkup Site.
You understand that by using the Hikkup Site and/or Hikkup Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Hikkup be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Hikkup Site and/or Hikkup Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.
You understand and agree that Hikkup may review and delete any Content, that in the sole judgment of Hikkup violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or Members of the Hikkup Site and/or Hikkup Service and/or other website users. You are solely responsible for the any Content that you publish or display on the Hikkup Site and/or Hikkup Service or transmit to other members and/or users through the Hikkup Service and Hikkup Site. Hikkup reserves the right, but has no obligation, to monitor disputes between you and any others with respect to such Content and feedback.
9. Eligibility.
You must be 16 or over to register as a Member of Hikkup or use the Hikkup Site and Hikkup Services. If you are under the age of 16 or the applicable legal age in your jurisdiction, you can use the Hikkup Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Hikkup Service. If you do not qualify, do not use the Hikkup Services. Your Membership may be terminated without warning if we believe that you are less than 16 years of age. Membership of the Hikkup Services is void where prohibited by applicable law, and the right to access the Hikkup Site is revoked in such jurisdictions. By using the Hikkup Site and/or Hikkup Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Hikkup Site is administered in the UK and intended for UK users; any use outside of the UK is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the service or the website.
10. Changes to the Terms of Service or the Hikkup Services
You agree and understand that these Terms of Service, the Hikkup Site and the Hikkup Services may be modified by Hikkup at any time without prior notice, and such modifications will be effective upon Hikkup posting the new terms and/or upon implementation of the new changes on the Hikkup Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of any Hikkup Services after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Hikkup, any new features, new services, enhancements or modifications to any Hikkup Services and the Hikkup Site implemented after your initial access to Hikkup Services shall be subject to these Terms of Service.
11. Termination
Hikkup may terminate your right to use or access the Hikkup Site at any time for any reason whatsoever, without prior notice. Even after your right to use or access the Hikkup Site and/or Hikkup Services is terminated, these Terms of Service will remain in effect and binding on you and Hikkup.
12. Charges and Billing
Hikkup charges Members for use of certain Hikkup Services. When you use Hikkup Services you provide Hikkup with a telephone number and confirm that you are the bill payer in relation to that phone account or that you obtained permission from bill payer before using Hikkup Services.
Charges for SMS messages sent or received using Hikkup Services are made on a reverse billing basis, which means that you are charged for using Hikkup Services through your network provider for the mobile telephone number you provided to Hikkup upon registration. Charges will be shown on your mobile phone bill.
Hikkup reserves the right to amend such charges from time to time. Any changes will be posted on these terms of service.
Hikkup charges are as follows:
Members:
There is an intial joining fee of GBP £3.00. Members then buy batches of 10 SMS messages* at a cost of GBP £5.00 per batch. Members may send Hikkup messages either via the Hikkup Site or directly from their mobile phone. Messages sent by Members via their mobile phone will be subject to Members’ standard network rates IN ADDITION TO Hikkup charges.
You are responsible for managing your SMS message balance. Once you have used up each batch of 10 SMS messages you acknowledge that by sending any further messages you understand and consent to the fact that you will be allocated a new batch of 10 messages and charged a further sum of £10 for that new batch of messages.
Visitors
Hikkup does not charge Visitors or recipients of Teasers for sending or receiving messages using the Hikkup Site or Hikkup Services, BUT such messages are subject to users’ standard network rates.
*For the avoidance of doubt, ‘messages’ include Teasers and any messages (anonymous or otherwise) including SMS messages sent by a Member or through their account via the Hikkup Site or from Member’s mobile telephone using Hikkup Services. Hikkup deems one SMS message to be a message of up to 160 characters only and any message exceeding that amount of characters will be regarded as more than one message. Each batch of 160 characters will be deemed to one message for charging purposes even if those characters are all sent by SMS on a single occasion.
13. Restrictions on Rights to Use Hikkup Services and the Hikkup Site
The following is a partial list of the kind of Content and usage that is illegal or prohibited to post on or through the Hikkup Services and Hikkup Site. You acknowledge that you shall not (nor allow any third party to):
• modify, adapt, translate, or reverse engineer any portion of the Hikkup Site and/or Hikkup Services;
• use the Hikkup Services for commercial purposes in any manner;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Hikkup Site and/or Hikkup Services;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Hikkup Site and/or Hikkup Services;
• collect any information about other users or members (including usernames and/or email addresses);
• reformat or frame any portion of the web pages that are part of the Hikkup Site and/or Hikkup Services;
• create user accounts by automated means or under false or fraudulent pretences or impersonate other users or any other party;
• create or transmit unwanted electronic communications such as "spam" to other users of the Hikkup Site and/or Hikkup Services or any other party or otherwise interfere with other users’ enjoyment of the Hikkup Site and/or Hikkup Services;
• submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
• submit any Content or material that falsely states or implies that such Content or material is sponsored or endorsed by Hikkup;
• submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party;
• transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
• use the Hikkup Site or Hikkup Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any Content offered on the Hikkup Site for other than your own use;
• submit Content or materials that are unlawful or promote or encourage illegal activity;
• submit false or misleading information to Hikkup;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the Hikkup Site and/ or Hikkup Services, intentionally or unintentionally, to violate any applicable local, state, national or international law;
• collect or store personal data about other users in connection with the prohibited activities described in this section;
• submit Content to the Hikkup Services or Hikkup Site that is false or intentionally misleading or patently offensive to any other users of the Hikkup Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• submit Content to the Hikkup Services or Hikkup Site that harasses, ‘stalks’ or advocates harassment of, ‘stalking’ of or harm to another person;
• submit Content to the Hikkup Services or Hikkup Site that involves the transmission of unsolicited mass mailing or "spamming";
• utilize the Hikkup Services or Hikkup Site to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous or is pornographic or sexually explicit in nature; or
• submit Content to the Hikkup Services or Hikkup Site that seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
Hikkup reserves the right, but is under no obligation to, to investigate and take appropriate legal action in its sole and absolute discretion against anyone who violates these Terms of Service, including without limitation, removing the offending communication or Content from the Hikkup Site and Hikkup Services and terminating the membership of such violators or blocking the use of the Hikkup Services and/or Hikkup Site.
14. Privacy
Hikkup views its users’ privacy as of the utmost importance. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Hikkup Privacy Policy and that Privacy Policy is incorporated into these Terms of Service. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. Please refer to Hikkup’s Privacy Policy for further details of how Hikkup protects your privacy. If you object to your Information being transferred or used in this way please do not use Hikkup or Hikkup Services.
15. Copyright Dispute Policy
Hikkup’s policy is to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, Members or users; and (ii) remove and discontinue service to repeat offenders. Please send any Notification of Claimed Infringement to Hikkup’s designated agent for these purposes: Roupen Nahabedian 804 Sea Chase Drive, Redwood Shores, CA 94065 or via email nahabed@yahoo.com (the ‘Designated Agent’).
Procedure for Copyright Infringements:
If you believe that material or Content residing on or accessible through the Hikkup Site or Hikkup Services infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
1. an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Hikkup Site or within the Hikkup Services, with sufficient detail so that Hikkup is capable of finding and verifying its existence;
4. your address, telephone number, and email address;
5. a written statement by you that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Once a bona fide infringement notification is received by the Designated Agent, it is Hikkup's policy:
o to remove or disable access to the infringing material;
o to notify the Content provider, Member or user that it has removed or disabled access to the material; and
o that repeat offenders will have the infringing material removed from the system and that Hikkup will terminate such Content provider's, Member's or user's access to the service.
If the Content provider, Member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, Member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider, Member or user must send a counter-notice containing the following information to the Designated Agent:
1. A physical or electronic signature of the Content provider, Member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the Content provider, Member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The Content provider's, Member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Courts of England and Wales for the judicial district in which the Content provider's, Member's or user's address is located, or if the Content provider's, Member's or user's address is located outside the United Kingdom, for any judicial district in which Hikkup is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
16. Disclaimers
Hikkup is not responsible for any incorrect or inaccurate Content provided on the Hikkup Site or in connection with the Hikkup Services, however caused. Hikkup is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Hikkup. When you access third-party sites linked to the Hikkup Site, you do so at your own risk. Hikkup disclaims all responsibility for advertisements appearing on the Hikkup Site or through the Hikkup Services, and does not endorse or take any responsibility for the goods or services provided by such advertisers. Hikkup shall not be responsible for any technical problem, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Hikkup shall not be responsible for any loss or damage, including, where permitted by the laws of the jurisdiction, personal injury or death, resulting from use of the Hikkup Services or Hikkup Site, from any Content posted on or through the Hikkup Services or Hikkup Site, or from the conduct of any users of the Hikkup Services or Hikkup Site, whether online or otherwise. THE HIKKUP SERVICE AND HIKKUP SITE ARE PROVIDED "AS-IS" AND AS AVAILABLE AND HIKKUP EXPRESSLY DISCLAIMS ANY WARRANTY ACCURACY, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
17. Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL HIKKUP BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE HIKKUP SERVICES OR HIKKUP SITE, EVEN IF HIKKUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, HIKKUP’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION (INCLUDING NEGLIGENCE), WILL AT ALL TIMES BE LIMITED TO GREATER OF THE AMOUNT PAID (IF ANY) BY YOU TO HIKKUP OR GB £100.00.
18. Indemnity
You agree to indemnify and hold Hikkup, its subsidiaries and affiliates, and their respective officers, agents, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your (1) breach of these Terms of Service, (2) your Content and (3) your use of the Hikkup Services and/or the Hikkup Site.
19. Governing Law, Venue and Jurisdiction
You agree that the dispute relating to these Terms of Service, the Privacy Policy, the Hikkup Services or Hikkup Site shall be governed by the laws of the England and Wales, without regard to conflict of law provisions and you agree to the exclusive personal jurisdiction and venue of the English Courts. For claims falling within the jurisdiction of a County Court, you and Hikkup both agree to submit to the jurisdiction of the Central London County Court.
20. Severance of Terms
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be deemed to have been deleted and the remaining provisions shall be enforced.
Where a statute, regulation or other law is cited in these Terms of Service, it is deemed to include any modifications or later version of that legislation or regulation.
21. Assignment
The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hikkup without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.
22. Other
Hikkup is a proprietary service mark of Hiccup Enterprises, Inc. and no right, title or interest therein is granted to you. These Terms of Service, along with the Hikkup Privacy Policy and other agreements that may be referenced herein, constitute the entire agreement between you and Hikkup regarding the use of the Hikkup Services and Hikkup Site. The failure of Hikkup to exercise or enforce any right or provision of this Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service shall be effective to the fullest extent permissible by law. If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
23. Independent Contractor
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hikkup as a result of these Terms of Service or use of the Hikkup Service and/or Hikkup Site. You further acknowledge that by submitting Content, no confidential, fiduciary, contractually implied or other relationship is created between you and Hikkup other than pursuant to these Terms of Service.
24. Notices.
The Hikkup Services are offered by Hikkup Ltd, located at 162-164 Finchley Road, London NW3 5HE, email: info@hikkup.com, telephone: 020 3286 5587.