SiteHoppin:Terms and conditions
SiteHoppin Beer Stock Market - IUVC (Internet User Venture Capital) Terms and Conditions
Investor accepts to be bound by this Contract, as defined below. An Invenstor is anyone who buys SiteHoppin Beer Stocks, which are form of web pages we call "Beer Stock Pages" that share a percentage of total web traffic to SiteHoppin.com. Once an Investor accepts this Contract, as defined below, a legally binding agreement on these terms and conditions is concluded between, (1) Company and (2) Investor.
The following terms and conditions (the "Contract") shall apply:
DEFINITIONS
1.1 In this Contract (except where the context otherwise requires) the following words shall have the following meanings: "Investor" a person purchasing a Beer Stock whether directly or indirectly with the Company and any agency making such a booking on a third party's behalf; "Advertisement(s)" any advertising material intended for publication by the Company in a Beer Stock Page; "Investor's Website" any worldwide Internet website of the Investor; "Advertising Space" as defined in clause 2.1; "Charge" as defined in clause 2.2; "Company" SiteHoppin.com, owned and operated by Jung 'Max' Lee; "Cookie" a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server; "Commencement Date" the date notified to the Investor by the Company as the commencement date during the order process; "Duration" from the Publication Date to Oct 2099; "Internet" the global collection of interconnected computer networks including without limitation the world wide web, and any subset of it, accessible to users by any means whether now known or invented in the future; "Law" any law, statute, statutory provision, subordinate legislation, rule, regulation, direction, guideline, code (whether having the force of law or not) of any governmental or regulatory authority or agency ; "Month" means a calendar month; "Order" as defined in clause 2.4; "Publication Date" the date on which the Beer Stock Page is published for the first time on the Website; "Registration" as defined in clause 2.3; "Term" as defined in clause 9.1;
1.2 In this Contract (except where the context otherwise requires):
1.2.1 the clause headings are included for convenience only and shall not affect the interpretation of this Contract;
1.2.2 any reference to "persons" includes individuals, firms, partnerships, companies, corporations, associations, organizations, foundations and trusts (in each case whether or not having separate legal personality);
1.2.3 use of any gender includes the other genders; and
1.2.4 any reference in this Contract to any Law shall be construed as referring to such Law as the same may from time to time be amended, modified, extended, varied, superseded, replaced, substituted or consolidated.
PURCHASING ADVERTISEMENTS
2.1 The Company will make available at least, but not limited to, 1,000,000 Beer Stocks, each with a unique Beer Stock page, for the hosting of Beer Stock Pages for the Duration.
2.2 Each Beer Stock is made available, subject to clause 6, at a cost of the set price per Beer Stock Page (the "Charge"). Set price may vary from depending on the current Beer Stock Market prices and how much overall web traffic the site is receiving.
2.3 In order to purchase a Beer Stock from the Company, the Investor must pay via PayPal, at which time they must specify which words (Beer Stock Pages) they intend to purchase. Purchases subject to availability.
2.4 Following Payment, the Investor will receive an email information on how to access his/her Beer Stock Pages.
2.5 Subject to clause 2.3, Investors may purchase any number of Beer Stocks from the Company, subject to availability.
2.6 When you purchase a Beer Stock, you do not own any part of the site, but rather you are granted the right to receive web traffic or submit content for the respective Beer Stock Page purchased. You are also granted the right to sell that page to someone else. You are responsible for paying taxes to your local government for any sales of Beer Stocks.
2.7 There will be no refunds of any Charge paid by the Investor, unless Beer Stock purchased was no longer available at the time of purchase. In such an event, buyer will be refunded only for Beer Stocks that were unavailable.
2.8 By placing an Order with the Company the Investor accepts and agrees to comply with the terms and conditions of the Contract.
ACCEPTANCE AND REMOVAL OF SITES EMBEDDED IN BEER STOCK PAGES
3.1 Following the placing of an Order, the Investor may embed any site by following the relevant instructions as described on the Website.
3.2 Sites may only be embedded on Beer Stock Pages if they are delivered in accordance with this clause 3, are approved by the Company and comply with all applicable Law.
3.3 Sites embedded on the Beer Stock Page may not contain any Javascript iframe pop-up code, redirect code, or anything of similar nature.
3.4 The Company reserves the right at any time, in its sole discretion and without liability to the Investor, to reject or cancel any sites or content from the Beer Stock Pages.
3.5 The Company shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any Beer Stock Pages required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the Internet.
3.6 The Investor grants the Company a royalty free, non-exclusive licence to use such of its names, trade marks and/or logos as are reasonably necessary for the purpose of enabling the Company to perform its obligations under this Contract.
TERMS OF PAYMENT
4.1 The Investor will make payment to the Company of the amounts owed pursuant to any Order in such currency as may be agreed between the parties without deduction or withholding of any kind other than as required by Law as soon as reasonably possible following the placing of the relevant Order but in any event no later than the Publication Date.
4.2 All payments referred to in this Contract are stated exclusive of value added tax and all other similar taxes and duties payable in respect of such payments. The Investor shall pay to the Company at the time that any payment becomes due an amount equal to the value added tax, properly chargeable upon such payment.
RESALE
5.1 The Investor may resell the Beer Stocks purchased via any method they choose including the Beer Stock Market.
5.2 Resales may occur at any time, any where.
5.3 The Company is hereby released from any liability with regard to re-sale transactions. The Company shall not owe any monies to either the seller, the buyer, or any other party.
LIMITATION OF LIABILITY
6.1 The Company does not accept liability for any delay in delivery, loss or damage to Beer Stocks.
6.2 The Company shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
6.2.1 any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realise anticipated savings;
6.2.2 any loss of goodwill or reputation; or
6.2.3 any indirect or consequential losses, suffered or incurred by the Investor arising out of or in connection with any matter under this Contract.
6.3 The Company's maximum liability in respect of any loss or damage suffered by the Investor and arising out of or in connection with this Contract, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the value of the sums paid by the Investor to the Company in relation to the Order or Orders pursuant to which the relevant loss or damage has arisen.
6.4 Nothing in this clause 8 shall limit the Company's liability for death or personal injury resulting from the Company's negligence or for fraud.
INVESTOR'S REPRESENTATIONS; INDEMNIFICATION
7.1 The Investor represents and warrants to the Company that:
7.1.1 it has the power and authority to enter into the Contract and grant all rights granted or purported to be granted and fully perform its obligations under it;
7.1.2 neither the Beer Stock Page(s), the permitted use of them by the Company nor the Investor's Website where linked to the Website will:
7.1.2.1 infringe the rights of any third party (including without limitation any intellectual property rights) or any other agreements;
7.1.2.2 be defamatory of any third party or offensive in any way; or
7.1.2.3 be prejudicial to the image of the Website or to the reputation of the Company;
7.1.3 all Beer Stock Pages will comply with all applicable Law and any guidelines issued by the Company from time to time and notified to the Investor;
7.2 The Investor shall indemnify on demand and hold harmless the Company from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, legal costs and expenses and value added tax thereon) and liabilities suffered or incurred, directly or indirectly, by the Company in consequence of:
7.2.1 any breach, non-performance or non-observance by the Investor of any of its agreements, obligations, warranties, representations and undertakings contained in this Contract; and/or
7.3 This clause 9 shall continue in full force and effect notwithstanding any suspension or termination of this Contract.
DATA PROVISION
8.1 The Company shall not be obliged to provide to the Investor with any data which might enable the Investor or any third party to identify any individual or individuals using or who have used the Website.
8.2 The Company may from time to time at its sole discretion provide to the Investor anonymous aggregated statistics relating to the performance of the Website or the relevant Investor's Beer Stock Page as published on the Website.
PUBLICITY AND INFORMATION CONCERNING ADVERTISEMENTS
The Investor shall not without the prior consent of the Company claim any association with the Company or use the Company's name, mark or logo or otherwise refer to the Company or its services or publish any information in connection with any Beer Stocks which has been published or is scheduled for publication.
TERMINATION
9.1 The Term of this Contract shall commence with the placing of an Order by the Investor and shall terminate automatically without notice On October 2099.
9.2 Either party (the "Non-Defaulting Party") may terminate this Contract and/or require payment of any amounts due under this Contract (without prejudice to its other rights and remedies) with immediate effect by written notice to the other party (the "Defaulting Party") if:
9.2.1. the Defaulting Party commits a breach of any of its material obligations under this Contract, and if the breach is capable of remedy, fails to remedy it during the period of fifteen (15) days starting on the date of receipt of notice from the Non-Defaulting Party specifying the breach and requiring it to be remedied;
9.2.2. the Defaulting Party becomes insolvent (including being unable to pay its debts as they fall due and/or that the value of its assets is less than the amount of its liabilities taking into account its contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets; if any petition shall be presented, order shall be made or resolution passed for its winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers), if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, if it ceases or threatens to cease to carry on business or if it claims the benefit of any statutory moratorium; or
9.2.3. the Defaulting Party suffers or there occurs in relation to that party, any event which in the reasonable opinion of the Non-Defaulting Party is analogous to any of the events referred to in clause 12.2.2 in any part of the world.
9.3 Each party shall immediately give notice in writing to the other party of any event within clauses 12.2.2 and 12.2.3 which occurs during the Term and would entitle the other party to terminate this Contract.
9.4 The Company may terminate immediately via written notice if at any time it reasonably suspects the Investor of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment).
9.5 The parties shall have no further obligations or rights under this Contract after the end of the Term, without prejudice to those which have accrued to either party prior to termination or expiry save that clauses 8, 9, 11, 12, 13.6, 13.7 and 13.8 together with those other clauses the survival of which is necessary for the interpretation or enforcement of this Contract, shall continue to have effect after the end of the Term.
MISCELLANEOUS
10.1 The Company shall have no liability for any delay in or failure to perform any or all of its obligations under this Contract if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including, without limitation, industrial disputes, nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
10.2 Any notice given under this Contract shall be in writing and served by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at the address referred to in the Order or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under this Contract shall not be validly served if sent by email.
10.3 Except insofar as this Contract expressly provides that a third party may in his own right enforce a term of this Contract, a person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
10.4 Nothing in this Contract shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this Contract.
10.5 This Contract constitutes the entire agreement and understanding of the parties relating to the subject matter of this Contract and supersedes any previous agreement or understanding between the parties in relation to such subject matter. In entering into the Contract, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance (whether negligently or innocently made) of any person (whether party to the Contract or not) other than as expressly set out in the Contract. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this clause it might otherwise have had in relation to any of the foregoing. Nothing in this clause 13.5 shall limit or exclude any liability for fraud.
10.6 Each party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions of this Contract or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge. Neither party shall use any such confidential information except for the performance of this Contract or make any announcement relating to this Contract or its subject matter without the prior written approval of the other party. This clause 13.6 shall continue in full force and effect notwithstanding any suspension or termination of this Contract.
10.7 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this Contract or by Law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
10.8 The validity, construction and performance of this Contract (and any claim, dispute or matter arising under or in connection with it or its enforceability) shall be governed by and construed in accordance with the law of England. Each party irrevocably submits to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with this Contract or its enforceability or the legal relationships established by this Contract.
10.10 Beer Stock Page Owners will not edit or attempt to edit any Beer Stocks they do not own. Editing or attempting to edit pages you do not own can result in the loss of your pages without refund.