Terms and Conditions

Last Updated: 16th Feb 2022

Thank you for using Hawker.

These Terms of Service (“Terms”) apply to your access to and use of the websites provided by Hawker Inc. ("Company", "Hawker", " us", " our", and " we"). By clicking your consent (e.g. "Explore," "Sign-in," or "Sign-up,") or by using our Services, you agree to these Terms. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site(If needed) in connection with such features.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Your Account and Responsibilities

1. You need to register for an account to access some or all of our Services. Help us keep your account protected. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. You represent and warrant that:
   1. All required registration information you submit is truthful and accurate;
   2. You will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account anytime if you violate our rules and regulations.
3. Hawker reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms or that was created for the sole purpose to resell to a verified user with that same name.
4. You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that Hawker is not responsible or liable for the conduct of any User. Hawker reserves the right, but has no obligation, to become involved in disputes between you and other Users.
5. You shall not describe or assign keywords to your channel in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. Hawker reserves the right to change or remove any description or keyword that it considers unlawful or otherwise likely to cause Hawker liability.
6. If you operate a community, comment on a post, post material to Hawker, post links or create (or allow any third party to create) or otherwise make material available by means of Hawker, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct, and you are fully and solely responsible for all activities that occur therein.

General Access to the Site

Feedback. If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

User Content on the Services

1. Hawker may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content. Hawker reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.

2. User Content. " User Content" means any and all information and content that a user submits to, or uses with, the Site including without limitation photographs, images, videos, likeness, appearance, voice, text, audio, full name, pseudonyms and any other audiovisual content, for example, in the user's profile or content postings and/or submissions to the site. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Community Guidelines. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates our Community Guidelines. Although Company will make efforts to preserve your User Content, is not obligated to backup any User Content, and your User Content may be deleted. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

Community Guidelines

1. Prohibited User Content.
   You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) Violates any law or regulation, including, without limitation, any applicable export control laws;(iii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (iv) content that meets our definition of sexual activity including: Images of visible genitalia, actual or implied sexual activity, fetish content, unless any of the following conditions exist: content was posted in a a) satirical or humorous context, b) educational or scientific context, c) imagery is not sufficiently detailed and only body shapes or contours are visible, d) women actively engaged in breast-feeding, e) photos of post-mastectomy scarring, f) photographs of paintings, sculptures, and other art that depict nude figures. v) Violence: You may not threaten violence including an intent to kill, inflict serious physical harm, or threaten sexual assault, against an individual or a group of people.

2. Prohibited Activities.
   In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicitous or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

3. Enforcement of Community Guidelines;
   "Three Strikes" Procedure. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Community Guidelines or any other provision of our Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities. Without limiting the foregoing, or any other provision of these Community Guidelines or our Terms (or our rights under each), we recognize that not all violations of our Community Guidelines should result in the immediate termination of a user's Account in all cases. In lieu of Account termination, therefore, we may issue 'Strikes' to any user who violates our Community Guidelines, or our Terms, and we may remove only the specific User Content which violates our Community Guidelines, in our sole discretion. If you believe in good faith that a Strike was issued in error, you may appeal such Strike by responding directly to the corresponding Strike notification email within fifteen (15) days of its original send date. We will approve or reject your appeal, in our sole discretion, within thirty (30) days of our receipt of your appeal email, or as soon as reasonably practicable. If you receive three Strikes within the same 180-day period, unless successfully appealed, your Account will be automatically terminated and all of your associated User Content will be permanently deleted from our databases. Additionally, if your Account has been terminated for any reason, you hereby acknowledge and agree that you are prohibited from using or creating another Account to circumvent our Community Guidelines or our Terms. Any such circumvention or attempted circumvention by a user shall be grounds for immediate termination of any Account belonging to such user.
   Creators in their sole determination may remove or modify any User Content, and/or request that Hawker remove Community Members from their community.

Spam Policy

Spam is not allowed on Hawker. Spam may take many forms, and our rules are intended to cover a range of prohibited behavior, including: Repeated, unwanted, and/or unsolicited actions, automated or manual, that negatively affect Hawker users, communities, and/or Hawker itself; Content that is designed to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Commercially-motivated spam, that typically aims to drive traffic from Hawker over to another website, service or initiative through backlinking or other inauthentic methods; Inauthentic engagements, that try to make community or content appear more popular than they are; Coordinated activity, that attempts to artificially influence opinion through the use of multiple accounts, fake accounts, and/or scripting or automation In most cases, spam will result in a strike for your account/community. In cases where the behavior is deemed to be malicious or harmful, the account will result in an immediate ban.

How to Contact Us.

Please contact us by [email protected] if you have any questions about this Terms and Conditions.