PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: July 14, 2014
TERMS OF SERVICE
If you are using the Site, Application or Services, you are contracting with Acehopper, Inc. with respect to use of the Acehopper Site, Application or Services, and with respect to any payments or payouts from or to you conducted through the Site, Application or Services.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH MEMBERS (DEFINED BELOW) MAY SEARCH FOR OR CREATE CONTENT (DEFINED BELOW) FOR ATTRACTIONS (DEFINED BELOW) AND EVENTS (DEFINED BELOW). YOU UNDERSTAND AND AGREE THAT ACEHOPPER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND ATTRACTIONS OR EVENTS, NOR IS ACEHOPPER A TICKET BROKER, AGENT OR EVENT PLANNER. ACEHOPPER HAS NO CONTROL OVER THE CONDUCT OF USERS, EVENT PLANNERS, ATTRACTIONS AND OTHER USERS OF THE SITE, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Acehopper Content” means all Content that Acehopper makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
"Application" means the Acehopper software platform connecting Users to Acehopper Content.
"Attraction" means any venue or place of entertainment such as an amusement park, aquarium, art gallery, concert hall, museum, stadium, theater, water park, zoo, etc.
"Event" means any live entertainment such as a concert, festival, sports game (baseball, basketball, football, golf, hockey, soccer, tennis, etc.), play, etc.
“Collective Content” means Member Content and Acehopper Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Member” means a person who completes Acehopper’s account registration process, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees (such as convention center fees) that providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Platform" includes, but is not limited to, the Acehopper Application, systems, processes and procedures Acehopper uses to make available the Collective Content and Services.
"Services" means all solutions and offerings to deliver the Content to Members and Users and for Members and Users to interact with the Platform.
"Site" means any Acehopper mobile app, mobile web or desktop online property, such as acehopper.com.
"Ticket" means any ticket for an attraction or event, or parking pass, transit fare, etc. made available through the Site, Application, or Services, including any Content licensed from a third party.
"User" means any person or entity, regardless if they have become a Member, who engages with any part of the Site, Application or Services.
Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Acehopper reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
How the Site, Application and Services Work
The Site, Application and Services can be used to discover and purchase tickets for museums, theme parks, water parks, zoos and other points of interest around the world ("Attractions") as well as concerts, plays, sports events and related entertainment activities ("Events"). Such Attractions and Events are included on the Site, Application and Services by Acehopper and when approved, by Members. You may view Attractions and Events as an unregistered visitor to the Site, Application and Services; however, if you wish to purchase a ticket for an Attraction or Event, you must first register to create an Acehopper Account (defined below).
In order to access certain features of the Site and Application, and to purchase a Ticket for an Attraction or Event, or create Content, you must register to create an account (“Acehopper Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Acehopper Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Acehopper through the Site, Services or Application; or (ii) allowing Acehopper to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Acehopper and/or grant Acehopper access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Acehopper to pay any fees or making Acehopper subject to any usage limitations imposed by such third-party service providers. By granting Acehopper access to any Third-Party Accounts, you understand that Acehopper will access, make available and store (if applicable) any Content that you have provided to and stored in Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Acehopper Account and Acehopper Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Acehopper Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Acehopper’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Acehopper Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Acehopper makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Acehopper is not responsible for any SNS Content.
We will create your Acehopper Account and your Acehopper Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Acehopper Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Acehopper reserves the right to suspend or terminate your Acehopper Account and your access to the Site, Application and Services if you create more than one (1) Acehopper Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Acehopper Account, whether or not you have authorized such activities or actions. You will immediately notify Acehopper of any unauthorized use of your Acehopper Account.
General Purchases and Financial Terms
Cancellations and Refunds
If you cancel your requested purchase before the requested purchase is confirmed by a third party, Acehopper will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested purchase within a commercially reasonable time.
In certain circumstances, Acehopper may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed purchase made via the Site, Application and Services. Acehopper may also determine, in its sole discretion, to refund to the Member part or all of the amounts charged to the Member. You agree that Acehopper will not have any liability for such cancellations or refunds.
Acehopper may, in its sole discretion, round up or round down amounts that are payable from Members to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Acehopper will round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, Acehopper may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Acehopper to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Although the Acehopper platform allows users to view the price of Tickets in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
“Display Currency” means the currency in which users view Ticket prices on the Acehopper platform. Users may choose and change the Display Currency in order to view the pricing for a Ticket in a number of different supported currencies.
“Purchase Currency” means the currency in which a Member has to pay for his or her booking. At the time the Member submits a purchase request, the Acehopper platform will select the Purchase Currency, based on the Member's country of origin and the payment methods available for that country. Acehopper supports only a certain number of currencies as Purchase Currencies. The Purchase Currency may be different from the relevant Display Currency.
“Base Exchange Rate” means a system-wide rate used by Acehopper for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Acehopper. Acehopper establishes the Base Exchange Rate using data from one or more third parties such as OANDA (www.oanda.com).
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Acehopper for its holding costs and foreign currency risks.
Foreign Currency Conversions on the Acehopper Platform
Acehopper Payments will process a foreign currency conversion in the following situations:
The Display Currency is different from the Purchase Currency when a user views a Ticket: Acehopper will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Purchase Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported currency, and it is different from the Purchase Currency. Otherwise, the Base Exchange Rate will be applied.
When a confirmed purchase is modified or cancelled, and there had been a foreign currency conversion when the purchase was submitted: the foreign currency conversion for any additional payments required of the Member or any refund to the Member will be processed at the same rate as applied to the earlier payment by the Member.
When you submit a purchase request for a Ticket, you will be able to view the actual exchange rate used to calculate the Total Fees in the Purchase Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your purchase.
Acehopper updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Acehopper does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment, if your card or bank account is denominated in a currency that is different from the Purchase Currency. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment. All of these currency conversion rates and fees are not controlled by or known to Acehopper.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user;
register for more than one Acehopper Account or register for an Acehopper Account on behalf of an individual other than yourself;
recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Acehopper, without Acehopper’s prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to complete a purchase independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Acehopper’s provision of the Services or for any other reasons;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Acehopper’s name, any Acehopper trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Acehopper’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Acehopper’s computer systems, or the technical delivery systems of Acehopper’s providers;
attempt to probe, scan, or test the vulnerability of any Acehopper system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Acehopper or any of Acehopper’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or
advocate, encourage, or assist any third party in doing any of the foregoing.
Acehopper has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
Acehopper may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Acehopper or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Acehopper Guarantee (see acehopper.com/terms), (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Acehopper, its users, or members of the public. RYou acknowledge that Acehopper has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Acehopper reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Acehopper, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Acehopper and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content.
Acehopper Referral Program
As a Member, by referring your friends to make a purchase via the Site, Application and Services, you may participate in the “Referral Program”, which is a loyalty program we offer to our Members. If you choose to participate in the Referral Program, for each friend you refer to Acehopper for which a Qualifying Referral (defined below) is completed, you may be able to receive Acehopper Credits (defined below) (each a “Referral Reward”). “Acehopper Credits” are “points” issued by Acehopper that may be applied as credits toward future confirmed purchases made by Members via the Site, Application and Services.
In order to receive a Referral Reward, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must log in to your Acehopper Account on the Site or Application and select either the “Invite Friends” or “Email Your Friends” link; (ii) you must share the link provided with friends via Facebook or Twitter, by copying and pasting the unique referral link generated via the Services, by sending the unique referral link generated via the Services in an email via the Services to your friends, or by using the other tools provided by Acehopper to share the unique referral link with friends; (iii) a friend who clicks the link on Facebook or otherwise or clicks the link contained in the email must create a Acehopper Account and become a Member; and (iv) after becoming a Member, the friend must make a purchase of at least seventy-five U.S. dollars (US$75) (or its equivalent in your local currency if we support it).
It is a condition of the Referral Program that you will circulate or share the unique referral link only to your personal friends. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends. All Acehopper Account creations and confirmed purchases resulting from a breach of the above will be disregarded for determining eligibility for Qualifying Referral and are not eligible for Referral Rewards.
Satisfaction of a Qualifying Referral and the Referral Reward you receive will be reflected in your Acehopper Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The Referral Rewards you accrue will be displayed in your Acehopper Account profile page. Referral Rewards can be accrued solely by you and you may not earn Referral Rewards by permitting another individual to use your Acehopper Account. Referral Rewards accrued in multiple Acehopper Accounts may not be combined into one Acehopper Account. You may not earn Referral Rewards by creating multiple Acehopper Accounts. By acquiring Referral Rewards, you agree and acknowledge that Acehopper is granting you a limited, revocable license to a digital item, and that Referral Rewards are not your personal property. You may not obtain any cash or money in exchange for Referral Rewards. Except as explicitly provided herein, Referral Rewards are non-transferable. Members are responsible for keeping track of the Referral Rewards in their Acehopper Accounts.
Acehopper may suspend or terminate the Referral Program or your participation in the Referral Program at any time for any reason. Acehopper will not grant any further Referral Rewards after the suspension or termination of the Referral Program or your participation in it, but any Referral Rewards already awarded or received will not be affected by the suspension or termination.
Specific Terms Regarding Acehopper Credits
Acehopper Credits may only be redeemed for confirmed purchases via the Site, Application and Services and after you accrue Acehopper Credits, such Acehopper Credits will be automatically applied to your next confirmed purchase made via the Site, Application and Services. Acehopper Credits are credit only and have no cash value nor can they be refunded or exchanged for cash. You may only redeem Acehopper Credits after the Acehopper Credits are reflected in your Acehopper Account. The scope, variety, and type of services and products that you may obtain by redeeming Acehopper Credits can change at any time.
Acehopper Credits expire three (3) years from the date that any Acehopper Credits are last accrued in your Acehopper Account. Acehopper will notify you at the email address you provided during Account registration within thirty (30) days of when the Acehopper Travel Credits in your Acehopper Account are scheduled to expire. If for some reason you believe that there is a discrepancy regarding your balance of Acehopper Credits, please contact us email@example.com. Acehopper may require to you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Acehopper’s sole discretion. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Acehopper Credits. Where applicable, Acehopper may be required to account for VAT on any services for which the Acehopper Credits are redeemed.
Without limiting any other terms of these Terms and subject to applicable law, all Acehopper Credits are forfeited if your Acehopper Account is terminated or suspended for any reason, in Acehopper’s sole discretion, or if Acehopper discontinues providing the Site, Application, Services or the Referral Program.
Subject to your compliance with these Terms, Acehopper grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Acehopper reserves all rights in the Application not expressly granted to you by these Terms.
Acehopper Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Acehopper grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Acehopper Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Acehopper or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Acehopper a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Acehopper does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Acehopper the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Acehopper’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Acehopper is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Acehopper of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Acehopper used herein are trademarks or registered trademarks of Acehopper. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of Acehopper and you hereby irrevocably assign to Acehopper and agree to irrevocably assign to Acehopper all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Acehopper’s request and expense, you will execute documents and take such further acts as Acehopper may reasonably request to assist Acehopper to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Acehopper respects copyright law and expects its users to do the same. It is Acehopper’s policy to terminate in appropriate circumstances the Acehopper Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and Acehopper Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Acehopper Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Acehopper Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your Acehopper Account, your Member Content, or receive assistance from Acehopper Customer Service and (b) any pending purchases will be immediately terminated. You may cancel your Acehopper Account at any time via the “Cancel Account” feature of the Services or by sending an email to email@example.com. Please note that if your Acehopper Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, Application and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ACEHOPPER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ACEHOPPER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ACEHOPPER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ACEHOPPER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY CONTENT, YOUR ACCRUAL OF ACEHOPPER CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACEHOPPER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT ACEHOPPER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ATTRACTIONS OR EVENTS. ACEHOPPER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY ACEHOPPER. ACEHOPPER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR PURCHASES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ACEHOPPER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER ACEHOPPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR PURCHASES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACEHOPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL ACEHOPPER'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PURCHASES VIA THE SITE, APPLICATION AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACEHOPPER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Acehopper and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) purchases via the Application, or (iii) creation of a Review; and (d) your participation in the Referral Program or your accrual of any Acehopper Travel Credits.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Acehopper does not permit Listings associated with certain countries due to U.S. embargo restrictions.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
You acknowledge and agree that (i) these Terms are concluded between you and Acehopper only, and not Apple, and (ii) Acehopper, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Acehopper and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Acehopper.
You and Acehopper acknowledge that, as between Acehopper and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Acehopper acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Acehopper and Apple, Acehopper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Acehopper acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
These Terms constitute the entire and exclusive understanding and agreement between Acehopper and you regarding the Site, Application, Services, Collective Content, Referral Program, and any purchases made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Acehopper and you regarding bookings or listings of Accommodations, the Site, Application, Services, Collective Content and Referral Program.
You may not assign or transfer these Terms, by operation of law or otherwise, without Acehopper’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Acehopper may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Acehopper (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Illinois and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Cook County, Illinois or a United States District Court, Northern District of Illinois located in Chicago, Illinois for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Acehopper agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Acehopper are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Acehopper otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175) The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of Illinois and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Acehopper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Acehopper submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Acehopper will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Acehopper will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Acehopper changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Acehopper’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Acehopper in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Acehopper to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Acehopper. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
The Dispute Resolution clause shall be removed and is not applicable.
The Export Control and Restricted Countries clause shall be amended by the following:
"Export Control and Restricted Countries
In addition to complying with the main Export Control and Restricted Countries clause, you must also comply with any relevant export control laws in your local jurisdiction."
If you have any questions about these Terms or any App Store Sourced Application, please contact Acehopper at email@example.com.