Agreement Between the User and Hopium Inc. and its Affiliates
The Hopium Inc. website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hopium Inc. website constitutes your agreement to all such terms, conditions, and notices.
Hopium Inc. reserves the right to change the terms, conditions, and notices under which the Hopium Inc. Website is offered, including but not limited to the charges associated with the use of the Hopium Inc. Website. You are responsible for regularly reviewing these terms and conditions.
Use of Website. Personal and Non-commercial Use Limitation
Unless otherwise specified, the Hopium Inc. Website is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Hopium Inc. Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Website solely for your own noncommercial use. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission of Hopium Inc. is strictly prohibited. Harassment in any manner or form on the Website or any of the Hopium Inc. Websites, including via e-mail and blog comments or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Hopium Inc. employee, host, or representative or other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
Copyrights and Trademarks
The entire content included in this Website, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Hopium Inc. The collective work includes works that are licensed to Hopium Inc. Copyright 2021. All Rights reserved.
All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to Hopium Inc. or other respective owners that have granted Hopium Inc. the right and license to use such Marks.
Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Hopium Inc. respects the intellectual property of others, and we ask our users and visitors to do the same. Hopium Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, SGK will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hopium Inc. the following information. Please be advised that to be effective, the Notification must include ALL of the following:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the copyrighted work that you claim has been infringed
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address and all other information reasonably sufficient to permit Hopium Inc. to contact you;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
61-63 rue des Belles Feuilles
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HOPIUM INC. THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
These terms and conditions are applicable to you upon your accessing the Website. These terms and conditions, or any of them, may be modified or terminated by Hopium Inc. without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
By posting any comments, posts or other material on Hopium Inc. sponsored blogs, you give Hopium Inc. the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. Hopium Inc. may, but is not obligated to, monitor or review any areas on the Website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Hopium Inc., however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
You also agree that you will not:
1. Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights.
2. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hopium Inc. in its sole discretion.
3. Post advertisements or solicitations of business.
4. Post chain letters or pyramid schemes.
5. Impersonate another person.
6. Allow any other person or entity to use your identification for posting or viewing comments.
7. Post the same note more than once or "spam."
Hopium Inc. reserves the right (but is not obligated) to do any or all of the following:
1. Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions.
2. Terminate a user’s access to the blog feature upon any breach of these Terms and Conditions.
3. Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards.
Finally, you agree that you will indemnify SGK against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any material you have posted.
In an attempt to provide increased value to our visitors, this Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Hopium Inc., Hopium Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hopium Inc. Hopium Inc. has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Hopium Inc. sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Hopium Inc. seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work). You should contact the Website administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Hopium Inc. makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any site or External Sites.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOPIUM INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HOPIUM INC. DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOPIUM INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL HOPIUM INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HOPIUM INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Hopium Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.
Your use of the Hopium Inc. Website shall be governed in all respects by the laws of the state of France, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to these sites (including but not limited to the purchase of Hopium Inc. products and services) shall be in the courts located in France. Any cause of action or claim you may have with respect to these sites (including but not limited to the purchase of Hopium Inc. products and services) must be commenced within one (1) year after the claim or cause of action arises. Hopium Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Hopium Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Hopium Inc. makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Website from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. and EU/European export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of France.
By using this Website, you agree that Hopium Inc., at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Hopium Inc. may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.