Web Site Terms and Conditions of Use
Effective as of 20 March, 2015
1. This is a Legally Binding Agreement between You and MarketHopper
3.1 Description of Services
MarketHopper provides a platform for creating an online information database of local markets worldwide, including market photos, market treasure photos, description, market categories and other compelling information about local markets all over the world (“Product”). MarketHopper offers its users to search markets, search market treasures, add markets and add market treasures.
3.2 Limited License to use Services
If and when you access and/or use the above-described Services on the Site, the technology enabling you to do so is deemed under this Agreement to be licensed to you by the Company for your personal, non-commercial use only. Company does not transfer either the title or any of the intellectual property rights to the underlying software of the Services, and Company retains full and complete title to any and all intellectual property rights currently belonging to Company. Nothing contained on the Site or offered in the Services should be understood to grant you a license to use any of the trademarks, service marks, or logos owned by Company.
4. User Content
4.1. Content Uploaded to MarketHopper
You are legally responsible for all information, data, text, photographs, images or other materials uploaded, posted, stored and/or shared online in connection with your use of the Services (“Content”). MarketHopper is not responsible for your Content; you are solely responsible for any Content that may be lost or unrecoverable through your use of the Services.
You hereby grant Company a license to use the Content you upload or otherwise make available to the Service for the purpose of enabling your use of the Service, and for the purpose of enabling the Service to provide you with its Product. By posting, uploading, displaying, transmitting, or otherwise distributing Content to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, agents and representatives a worldwide, perpetual, royalty-free, non-exclusive license to host and use the Content in connection with the Service, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, and reformat your Content. You will not be compensated for the Company’s use of your Content. By uploading Content to the Site or Service you warrant and represent that, in accordance with Section 4.4., you own the rights to the Content or are otherwise authorized to post, display, perform, transmit, or otherwise distribute your Content.
4.2. Confidential Material
You are responsible for your use of the Services, for any Content you post and/or share using the Services, and for any liability deriving from posting and/or sharing Content that violates the confidentiality or privacy interests, or makes unauthorized disclosure of proprietary business information or trade secrets, of any third party. The Content you submit, post, or display will be able to be viewed by other users of the Services and on third party services and websites where you have shared the Product. You should only provide Content that you are comfortable sharing with others under these Terms. MarketHopper bears no responsibility for maintaining the confidentiality of confidential information entered into photographs, texts, descriptions or similar by users, even if the information entered is designated as “private”, “unpublished”, or “confidential”. You are is strictly and solely responsible for compliance with all relevant trade secret agreements, non-disclosure agreements, proprietary business agreements/procedures and/or design rights, laws concerning the international transfer of personally identifiable information, and laws protecting images and information submitted, posted or displayed by the user. Further, any questions, comments, suggestions, ideas, feedback, or other communication provided by you to Company (“Comments”) will not be treated as confidential by Company, and you hereby give Company permission to reproduce, display, edit, publish or otherwise use such Comments as Company deems appropriate, for any and all commercial and/or non-commercial use, at Company’s sole discretion.
4.3. Restricted Content
4.4. Intellectual Property
You represent and warrant that the Content uploaded or otherwise delivered from you to the Service does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights, trade secrets, proprietary business information concerning processes and systems, and rights of privacy. You acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to your Content, or that in the event other persons do have such right, title or interest, that you are duly authorized to distribute their Content in connection with your use of the Service.
4.5. Third Party Content
MarketHopper allows you to insert third party content, such as a company logo, into your photographs. Such third party content is subject to licensing terms separate and apart from the licensing terms that govern your use of the Service under this Agreement. For example, some license terms may limit the manner in which you are permitted to share said content with others, or may prohibit re-use altogether. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party content.
4.6. Third Party Services
MarketHopper may offer the services of third parties to enhance the features of its Products. Your use of third party services will be subject to the licensing terms of third party service providers. You agree to review, and take sole responsibility for complying with, the license terms governing the use of third party service providers.
MarketHopper respects the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement using guidelines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Site or in connection with the Service that in your good faith belief may infringe someone's copyright, you may notify us by e-mailing us at email@example.com with "Copyright" in the subject line. In order for it to be effective, your notice, also known as a takedown notice, must include the following information:
- The identity of the original copyrighted work that you claim is infringed or – if your notice covers multiple copyrighted works - you may provide a representative list of the copyrighted works that you claim have been infringed;
- A sufficiently detailed description of the content on the Site that you claim infringes the copyrighted work;
- Your contact information, including your full name, mailing address, telephone number, and email address, if available;
- A statement that you believe in good faith that the use of the allegedly infringing content on the Site is not authorized by the copyright owner, its agent, or the law;
- This statement: "I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed"; and
- A physical or electronic signature of the copyright holder or a person authorized to act on their behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter notice. When we receive your counter notice, we may in, our discretion, reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the original complaining party who filed the infringement notice that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, you may email us at firstname.lastname@example.org. Please note that if you provide a counter notice, in accordance with the terms of the DMCA, the counter notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter notice must contain substantially all of the following information:
- Identification of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;
- Your name, address, telephone number and, if available, email address;
- Include both of the following statements in the body of the Notice:
"I hereby state under penalty of perjury that I have a belief in good faith that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
"I hereby state that I consent to the judicial location in which my address is located and in which MarketHopper may be found or, if my address is in the United States jurisdiction of the Federal District Court for the respective judicial district, and I will accept service of process from the complaining party who notified MarketHopper of the alleged infringement or an agent of such person."; and
- Provide your full legal name and your electronic or physical signature.
5. Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site and the Service. Uploading any Content that violates the prohibitions in this section may result in the immediate revocation of your license for access to, and use of, the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (d) using the Site or Service to upload, host or transmit the following items, including, without limitation, unsolicited e-mail, SMS messages, worms, Trojan horses or code of a destructive nature, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
6. Alleged Violations
You hereby agree to indemnify and hold harmless Company, its assignees, and/or successors in interest from and against any and all claims, damages, liabilities, costs and expenses, including legal expenses and reasonable counsel fees, arising out of any breach or alleged breach of your warrant, representation or agreement, express or implied, made by you herein, which results in a judgment by a court of competent jurisdiction.
8. No Warranties
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS OR ERROR-FREE, OR THAT DATA DISPLAYED BY THE SERVICES WILL BE ACCURATE OR RELIABLE.
9. Limited Liability
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST OR COMPROMISED DATA, LOST PROFITS OR REVENUE DUE TO SERVICE INTERRUPTION OR COMPUTER FAILURE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES OF COMPANY. YOU HEREBY AGREE THAT COMPANY’S LIABILITY TO YOU WILL NOT EXCEED ANY FEES PAID BY YOU TO COMPANY FOR THE SERVICE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
10. User Responsibilities
10.1. You will ensure the email address provided in your account registration is valid at all times, and you will keep your contact information accurate and up-to-date.
10.2. You will not transfer your account to anyone without first getting express written permission from MarketHopper.
10.4. You will not use the Site or Services if you are located in a country where such use is prohibited by the applicable law.
10.5. You will not use the Site or Services to impersonate another person.
11. Term of the Agreement, Fees, Invoicing
The following apply to the clearly indicated Services’ paid plans only:
11.1. You may agree to a one (1) month, six (6), twelve (12) month or twenty-four (24) month contract agreement with MarketHopper on recurring billing basis.
11.2. You may upgrade or downgrade your service agreement to any other contract agreement that MarketHopper is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your MarketHopper account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with MarketHopper, and is in no way transferable to a cash refund.
11.3. Payment is due in advance at the start of each billing cycle and is non-refundable. Your billing cycle starts on the day after expiration of the Trial Period. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused, except those abovementioned.
11.4. In case you use recurring billing at the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be effected at least one (1) day prior to the end of the contract term.
12. Cancelation and Termination
12.1. Services may be terminated by us, without cause, at any time.
12.2. Services may be terminated by you, without cause, by following the cancellation procedures set forth in this Section.
12.3. MarketHopper may terminate Services at any time, without penalty, obligation to refund and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services.
12.4. Notice of termination of Services by MarketHopper may be sent to the contact e-mail associated with your account. Upon termination, MarketHopper will delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.
12.5 Upon cancellation, whether voluntary by you, or for reason of non-payment MarketHopper may at its sole discretion delete all data, files, or other information that is stored in your account and it’s in your responsibility to retrieve and back up all account contents before termination.
13. Links and Affiliated Sites
All contents of Site or Service are: Copyright © 2015 MarketHopper, All rights reserved. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party. Further, you hereby agree that any and all infographics and/or charts created by combining your Content with the Service will not be considered to be works of joint authorship, or derivative works from your Content.
15. Governing Law
16. Severability; Waiver; Assignment
17. Modifications and Amendments
18. Contact Us
If you have any questions about these Terms and Conditions of Use, please contact us at: email@example.com