Terms Of Use
Introduction
Startup Commons Global Oy (“STARTUP COMMONS”) through its web site www.startupcommons.org (the “Web Site”) and other STARTUP COMMONS sites, is providing a startup ecosystem infrastructure for the creation and operation of individual networks (each a “Network or Community”) by network operators (“Network Operators”) and used by various account holders (together with Network Operators, except where set out separately below, the “Network Users”) to enable the creation and maintenance of independent, online, startup communities which will help facilitate knowledge share, events, matchmaking, startup development, service processes and other related activities, along with measurability of these actions as part of startup ecosystems.
Acceptance
By creating a Network and/or by accessing a Network, you agree to abide by these terms and conditions and are deemed to have made the acknowledgements, representations and warranties contained herein. If you do not agree to abide by these terms and conditions (the “Terms”) and do not wish to, or are not able to, make the acknowledgements, representations and warranties set forth below, do not use the Networks for the Website. These Terms apply to each Network User and Network Operator, whether they are natural persons or legal entities. The Network User and/or Network Operator also further acknowledges these Terms, declares his/her consent with these Terms and makes the acknowledgements, representations and warranties contained herein by checking the “I have read and accept the Terms and Conditions” box when establishing their user account. Each User is only permitted to register once under their postal address (residence). You also accept those terms and conditions provided in the general STARTUP COMMONS terms and conditions (the “General Terms and Conditions”, available at http://www.startupcommons.org/terms-of-use.html), which remain fully applicable to any use or engagement with the STARTUP COMMONS website (the “Website”), including access to and use of any Networks.
Eligibility and Accuracy of Registration Information
The Website and access to and use of any Network is only permitted for Users that are 18 years of age or older. Any registration data provided by you to STARTUP COMMONS must be and is deemed by STARTUP COMMONS to be true, accurate, current and complete. In the event that any of this information changes, please update it on relevant "Account settings" and "Profile" –pages. Failure to provide true, accurate, current or complete information and/or failure to update such information may result in the termination of your access to the Networks and your account. For details on how you can access your stored data, please refer to our Privacy Policy Rules.
Local Legal Requirements
You acknowledge that the Networks are to be operated, used and accessed in accordance with all legal requirements in each relevant jurisdiction. STARTUP COMMONS disclaims any responsibility for: (i) performing any due diligence with respect to any Network User, (ii) the investigating any such Network User’s use of a Network, and (iii) whether the use of or access to the Network by any Network User or Network Operator is in compliance within the laws of the jurisdiction or the Network User or Network Operator. Each Network Operator is responsible for abiding by the laws, rules and regulations of the relevant jurisdiction or jurisdictions.
Ethical Operation of the Networks
By using a Network, Network Users agree to not use a Network for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of any individual or entity’s privacy, or in violation of any other individual’s intellectual property rights. Moreover, Network Users must not use the Networks to perform any unethical or morally dubious activities that may damage the reputation of STARTUP COMMONS or any individual or entity.
Privacy and Additional Commitments
Network Users and Network Operators must fulfill and comply with all of the privacy requirements, licenses, and restrictions detailed in these Terms, the General and STARTUP COMMONS’s privacy policy (the “Privacy Policy” available at http://www.startupcommons.org/privacy-policy.html ). Failure to comply with these Terms, the General Terms and Conditions and/or the Privacy Policy may result in the termination of the account of any Network User and/or the Network, as applicable. The decision to terminate any such account is subject to the sole discretion of STARTUP COMMONS and STARTUP COMMONS is not required to provide notice or any other information in exercising this discretion.
Promises or Contracts must Comply with these Terms
A Network Operator and/or a Network User operating or using a Network must not make promises, contracts, agreements or accords that violate any part of these Terms, the Privacy Policy, or the General Terms and Conditions. All such contracts shall be void and unenforceable as against STARTUP COMMONS, any Networks User and/or any other person or entity.
Acknowledgements, Representations and Warranties
Each Network User and Network Operator hereby acknowledges, represents and warrants (and at the time of any use of a Network will acknowledge, represent and warrant) that:
Limitations on Network, Quality based on Amazon Cloud Services
STARTUP COMMONS’s goal is to provide you with useful, stable and available Networks. However, STARTUP COMMONS cannot guarantee that there will be no difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the Networks are provided strictly on an “as is” basis. By accepting these Terms, all users agree that neither STARTUP COMMONS nor any of its shareholders, partners, parent companies, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers (collectively, the “STARTUP COMMONS PARTIES”), will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of user settings. STARTUP COMMONS reserves the right to change or discontinue, either temporarily or permanently, any part or all of the Services at any time and without prior notice. Each Network User and/or Network Operator agrees that none of the STARTUP COMMONS PARTIES will be liable for any damages, direct or indirect, including but not limited to lost business opportunities, should such discontinuance occur.
The Networks utilize services provided by Amazon Cloud Services. The terms and conditions of Amazon Cloud Services with regard to quality of services shall govern the quality of the Networks. STARTUP COMMONS expressly disclaims all liability for any failures of service by Amazon Cloud Services.
NONE OF STARTUP COMMONS PARTIES MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE WEB SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE STARTUP COMMONS PARTIES SHALL BE SUBJECT TO LIABILITY FOR ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEB SITE OR THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. STARTUP COMMONS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE WEB SITE OR THE SERVICES. AS A CONDITION TO YOUR USE OF THE WEB SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE STARTUP COMMONS PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE. NO STARTUP COMMONS PARTIES SHALL AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, AND IN NO EVENT SHALL ANY STARTUP COMMONS PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, OR THE SUBMISSION OF ANY MATERIALS VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A STARTUP COMMONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE STARTUP COMMONS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Amendments
STARTUP COMMONS reserves the right, at its sole discretion, to modify, add or remove any portion of the Web Site, the Network or these Terms, in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Web Site and/or the Network after any changes are posted will be considered acceptance of those changes.
Disclaimer
STARTUP COMMONS has no special relationship with or fiduciary duty to you. You acknowledge that STARTUP COMMONS has no control over, and no duty to take any action regarding: which users gains access to the Web Site or any Network; what content you access via the Web Site or any Network; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
You release STARTUP COMMONS from all liability for you having acquired or not acquired content through the Web Site or any Network.
The Web Site or any Network may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. STARTUP COMMONS makes no representations concerning any content contained in or accessed through the Web Site or any Network, and STARTUP COMMONS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Web Site or the Networks.
STARTUP COMMONS does not evaluate or endorse any of opportunities or investments discussed on the Website or any Network nor does it make any recommendations regarding the appropriateness of particular opportunities for any User. STARTUP COMMONS makes no independent investigations to verify the factual information on the Web Site or any Network and STARTUP COMMONS makes no representations or warranties with respect to the information provided by the Users, any opportunity presented by the Users or the Users themselves. As a result, each person must conduct their own investigation of the merits and risks of each opportunity presented on the Web Site any Network, and negotiate the terms of their investment in any such opportunity. It is acknowledged that investment in an early stage venture carries significant risks and may result in a loss of the entire amount of the investments. To the extent that any User decides to participate in any investment or opportunity in any way, it will be required to represent and warrant that such User has sufficient expertise and knowledge, has conducted sufficient due diligence and has the ability to bear the economic risk of the investment. All Users are strongly encouraged to seek legal and other professional counsel prior to making such investments.
Use of the Web Site, the establishment of an account by a User, participation in a Network or the creation or operation of a Network by a Network Operator does not constitute an offer by STARTUP COMMONS to sell or the solicitation by STARTUP COMMONS of an offer to buy any investment interest in investment or opportunity presented or discussed on the Web Site, by any User or on any Network. STARTUP COMMONS does not give any business advice, investment advice, tax advice or legal advice to anyone using the Web Site or the Networks. Any investment or other business transactions resulting from the Networks shall be on a privately negotiated basis between the Users without any participation by or remuneration to STARTUP COMMONS.
STARTUP COMMONS shall not be liable for your interactions with any organizations and/or individuals found on or through the Web Site or the Networks. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on STARTUP COMMONS. STARTUP COMMONS does not oversee the performance or punctuality of projects. STARTUP COMMONS is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. STARTUP COMMONS is under no obligation to become involved in disputes between Users, or between users of the site and any third party. In the event of a dispute, you release STARTUP COMMONS, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
STARTUP COMMONS does not function as a broker, dealer, intermediary or investment advisor and is not registered as such with any regulator. Furthermore, securities laws and regulations vary by jurisdiction, are extremely complex and varied and change frequently. It is the User’s responsibility to be aware of and to observe compliance with such laws and regulations in the user’s country of residence. Any reliance on the information contained in the Web Site or on any Network is solely used at the User’s own risk. Receivers of this information should not act upon any of this information without first seeking professional counsel.
The materials contained on the Web Site or any Network do not create and are not intended to create any kind of business, advisory or consultancy relationship between you and STARTUP COMMONS.
Indemnification
You agree to defend, indemnify and hold harmless STARTUP COMMONS, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse by you of or your access to the Web Site (or any content therein) or the Networks or breach of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. STARTUP COMMONS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with STARTUP COMMONS in asserting any available defenses.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Governing law
By visiting or using the Web Site or any Network you agree that the laws of Hong Kong, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms.
You agree that STARTUP COMMONS is deemed a passive website that does not give rise to personal jurisdiction over STARTUP COMMONS or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than Hong Kong. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the courts located in Hong Kong and you hereby consent and submit to jurisdiction in such courts for the purposes of litigating any such action. General Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THESE TERMS BETWEEN YOU AND STARTUP COMMONS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND STARTUP COMMONS RELATING TO THE SUBJECT MATTER OF THESE TERMS.
Should you have any questions concerning these Terms, please email STARTUP COMMONS at [email protected]
Startup Commons Global Oy (“STARTUP COMMONS”) through its web site www.startupcommons.org (the “Web Site”) and other STARTUP COMMONS sites, is providing a startup ecosystem infrastructure for the creation and operation of individual networks (each a “Network or Community”) by network operators (“Network Operators”) and used by various account holders (together with Network Operators, except where set out separately below, the “Network Users”) to enable the creation and maintenance of independent, online, startup communities which will help facilitate knowledge share, events, matchmaking, startup development, service processes and other related activities, along with measurability of these actions as part of startup ecosystems.
Acceptance
By creating a Network and/or by accessing a Network, you agree to abide by these terms and conditions and are deemed to have made the acknowledgements, representations and warranties contained herein. If you do not agree to abide by these terms and conditions (the “Terms”) and do not wish to, or are not able to, make the acknowledgements, representations and warranties set forth below, do not use the Networks for the Website. These Terms apply to each Network User and Network Operator, whether they are natural persons or legal entities. The Network User and/or Network Operator also further acknowledges these Terms, declares his/her consent with these Terms and makes the acknowledgements, representations and warranties contained herein by checking the “I have read and accept the Terms and Conditions” box when establishing their user account. Each User is only permitted to register once under their postal address (residence). You also accept those terms and conditions provided in the general STARTUP COMMONS terms and conditions (the “General Terms and Conditions”, available at http://www.startupcommons.org/terms-of-use.html), which remain fully applicable to any use or engagement with the STARTUP COMMONS website (the “Website”), including access to and use of any Networks.
Eligibility and Accuracy of Registration Information
The Website and access to and use of any Network is only permitted for Users that are 18 years of age or older. Any registration data provided by you to STARTUP COMMONS must be and is deemed by STARTUP COMMONS to be true, accurate, current and complete. In the event that any of this information changes, please update it on relevant "Account settings" and "Profile" –pages. Failure to provide true, accurate, current or complete information and/or failure to update such information may result in the termination of your access to the Networks and your account. For details on how you can access your stored data, please refer to our Privacy Policy Rules.
Local Legal Requirements
You acknowledge that the Networks are to be operated, used and accessed in accordance with all legal requirements in each relevant jurisdiction. STARTUP COMMONS disclaims any responsibility for: (i) performing any due diligence with respect to any Network User, (ii) the investigating any such Network User’s use of a Network, and (iii) whether the use of or access to the Network by any Network User or Network Operator is in compliance within the laws of the jurisdiction or the Network User or Network Operator. Each Network Operator is responsible for abiding by the laws, rules and regulations of the relevant jurisdiction or jurisdictions.
Ethical Operation of the Networks
By using a Network, Network Users agree to not use a Network for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of any individual or entity’s privacy, or in violation of any other individual’s intellectual property rights. Moreover, Network Users must not use the Networks to perform any unethical or morally dubious activities that may damage the reputation of STARTUP COMMONS or any individual or entity.
Privacy and Additional Commitments
Network Users and Network Operators must fulfill and comply with all of the privacy requirements, licenses, and restrictions detailed in these Terms, the General and STARTUP COMMONS’s privacy policy (the “Privacy Policy” available at http://www.startupcommons.org/privacy-policy.html ). Failure to comply with these Terms, the General Terms and Conditions and/or the Privacy Policy may result in the termination of the account of any Network User and/or the Network, as applicable. The decision to terminate any such account is subject to the sole discretion of STARTUP COMMONS and STARTUP COMMONS is not required to provide notice or any other information in exercising this discretion.
Promises or Contracts must Comply with these Terms
A Network Operator and/or a Network User operating or using a Network must not make promises, contracts, agreements or accords that violate any part of these Terms, the Privacy Policy, or the General Terms and Conditions. All such contracts shall be void and unenforceable as against STARTUP COMMONS, any Networks User and/or any other person or entity.
Acknowledgements, Representations and Warranties
Each Network User and Network Operator hereby acknowledges, represents and warrants (and at the time of any use of a Network will acknowledge, represent and warrant) that:
- STARTUP COMMONS provides a web platform for entrepreneurs of early stage ventures and related actors, organizations providing services for entrepreneurs of early stage ventures and related actors and does not function as a broker, dealer, intermediary, investment advisor, securities exchange or clearinghouse. I am aware that STARTUP COMMONS is not registered with the Securities and Exchange Commission of the U.S. or any national, federal or state securities commissions (or similar agencies). I understand that all Network Users and Network Operators are responsible for conducting their own due diligence. STARTUP COMMONS does not recommend investment deals. STARTUP COMMONS makes no investments offerings of any kind to its members.
- STARTUP COMMONS may circulate any information provided to or found on a Network for internal evaluation purposes, screening, informational purposes or any other purpose to maintain or develop the service.
- Any transactions resulting from services provided by STARTUP COMMONS shall be on a privately negotiated basis between the entrepreneur and the users without any participation by or remuneration to STARTUP COMMONS. STARTUP COMMONS disclaims responsibility for any statement (whether oral or written) or act of any Network User or Network Operator (including officers and directors) relating to securities and/or investment matters.
- With respect to the information provided by any Network User or Network Operator concerning a business plan, proposition, idea, business opportunity, investment opportunity, the market in which such business may operate or otherwise related to such person, has not been and will not be subject to any diligence or investigation by STARTUP COMMONS.
- With respect to the information provided by any Network User or Network Operator concerning a business plan, proposition, idea, business opportunity, investment opportunity, the market in which such business may operate or otherwise related to such person, such information does not contain nor will it contain any untrue statement of a material fact or omit to state a material fact necessary to make the information, in light of the circumstances under which it is provided, not misleading.
- All expressions of opinion, intention or expectation in the information provided by any Network User or Network Operator or on a Network with respect to itself, the business opportunity, the investment opportunity, the market in which it intends to operate or otherwise related to such person, are or will be, when published, made in good faith and reasonably arrived at after due and careful enquiry.
- Each Network Operator is exclusively responsible for acquiring the necessary licenses or legal statuses necessary to conduct any fund-raising activities that a Network may undertake. For example, a Network falling under the jurisdiction of the United States of America must comply with all laws, rules and regulations of that country, including those promulgated by the Securities and Exchange Commission. Users should consult with an attorney to determine all relevant jurisdictions that their activities may fall under as well as all relevant statutes and rules with which they must comply.
- Each Network User and/or Network Operator understands that the foregoing representations, warranties, agreements, acknowledgements and undertakings, as well as the truth and accuracy of the foregoing representations, warranties, agreements, acknowledgements and undertakings, will be relied on by STARTUP COMMONS. Each Network User and/or Network Operator irrevocably authorize STARTUP COMMONS to produce this letter to any interested party in any enquiry, administrative hearing or investigation or legal proceeding.
Limitations on Network, Quality based on Amazon Cloud Services
STARTUP COMMONS’s goal is to provide you with useful, stable and available Networks. However, STARTUP COMMONS cannot guarantee that there will be no difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the Networks are provided strictly on an “as is” basis. By accepting these Terms, all users agree that neither STARTUP COMMONS nor any of its shareholders, partners, parent companies, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers (collectively, the “STARTUP COMMONS PARTIES”), will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of user settings. STARTUP COMMONS reserves the right to change or discontinue, either temporarily or permanently, any part or all of the Services at any time and without prior notice. Each Network User and/or Network Operator agrees that none of the STARTUP COMMONS PARTIES will be liable for any damages, direct or indirect, including but not limited to lost business opportunities, should such discontinuance occur.
The Networks utilize services provided by Amazon Cloud Services. The terms and conditions of Amazon Cloud Services with regard to quality of services shall govern the quality of the Networks. STARTUP COMMONS expressly disclaims all liability for any failures of service by Amazon Cloud Services.
NONE OF STARTUP COMMONS PARTIES MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE WEB SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE STARTUP COMMONS PARTIES SHALL BE SUBJECT TO LIABILITY FOR ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEB SITE OR THE SERVICES OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE WEB SITE IS SOLELY AT YOUR OWN RISK. STARTUP COMMONS IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE WEB SITE OR THE SERVICES. AS A CONDITION TO YOUR USE OF THE WEB SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE STARTUP COMMONS PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE WEB SITE. NO STARTUP COMMONS PARTIES SHALL AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, AND IN NO EVENT SHALL ANY STARTUP COMMONS PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE, OR THE SUBMISSION OF ANY MATERIALS VIA THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A STARTUP COMMONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE STARTUP COMMONS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Amendments
STARTUP COMMONS reserves the right, at its sole discretion, to modify, add or remove any portion of the Web Site, the Network or these Terms, in whole or in part, at any time. Changes will be effective when posted. Your continued use of the Web Site and/or the Network after any changes are posted will be considered acceptance of those changes.
Disclaimer
STARTUP COMMONS has no special relationship with or fiduciary duty to you. You acknowledge that STARTUP COMMONS has no control over, and no duty to take any action regarding: which users gains access to the Web Site or any Network; what content you access via the Web Site or any Network; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
You release STARTUP COMMONS from all liability for you having acquired or not acquired content through the Web Site or any Network.
The Web Site or any Network may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. STARTUP COMMONS makes no representations concerning any content contained in or accessed through the Web Site or any Network, and STARTUP COMMONS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Web Site or the Networks.
STARTUP COMMONS does not evaluate or endorse any of opportunities or investments discussed on the Website or any Network nor does it make any recommendations regarding the appropriateness of particular opportunities for any User. STARTUP COMMONS makes no independent investigations to verify the factual information on the Web Site or any Network and STARTUP COMMONS makes no representations or warranties with respect to the information provided by the Users, any opportunity presented by the Users or the Users themselves. As a result, each person must conduct their own investigation of the merits and risks of each opportunity presented on the Web Site any Network, and negotiate the terms of their investment in any such opportunity. It is acknowledged that investment in an early stage venture carries significant risks and may result in a loss of the entire amount of the investments. To the extent that any User decides to participate in any investment or opportunity in any way, it will be required to represent and warrant that such User has sufficient expertise and knowledge, has conducted sufficient due diligence and has the ability to bear the economic risk of the investment. All Users are strongly encouraged to seek legal and other professional counsel prior to making such investments.
Use of the Web Site, the establishment of an account by a User, participation in a Network or the creation or operation of a Network by a Network Operator does not constitute an offer by STARTUP COMMONS to sell or the solicitation by STARTUP COMMONS of an offer to buy any investment interest in investment or opportunity presented or discussed on the Web Site, by any User or on any Network. STARTUP COMMONS does not give any business advice, investment advice, tax advice or legal advice to anyone using the Web Site or the Networks. Any investment or other business transactions resulting from the Networks shall be on a privately negotiated basis between the Users without any participation by or remuneration to STARTUP COMMONS.
STARTUP COMMONS shall not be liable for your interactions with any organizations and/or individuals found on or through the Web Site or the Networks. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on STARTUP COMMONS. STARTUP COMMONS does not oversee the performance or punctuality of projects. STARTUP COMMONS is not responsible for any damage or loss incurred as a result of any such dealings. All dealings are solely between you and such organizations and/or individuals. STARTUP COMMONS is under no obligation to become involved in disputes between Users, or between users of the site and any third party. In the event of a dispute, you release STARTUP COMMONS, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
STARTUP COMMONS does not function as a broker, dealer, intermediary or investment advisor and is not registered as such with any regulator. Furthermore, securities laws and regulations vary by jurisdiction, are extremely complex and varied and change frequently. It is the User’s responsibility to be aware of and to observe compliance with such laws and regulations in the user’s country of residence. Any reliance on the information contained in the Web Site or on any Network is solely used at the User’s own risk. Receivers of this information should not act upon any of this information without first seeking professional counsel.
The materials contained on the Web Site or any Network do not create and are not intended to create any kind of business, advisory or consultancy relationship between you and STARTUP COMMONS.
Indemnification
You agree to defend, indemnify and hold harmless STARTUP COMMONS, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related, directly or indirectly, to any misuse by you of or your access to the Web Site (or any content therein) or the Networks or breach of these Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. STARTUP COMMONS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with STARTUP COMMONS in asserting any available defenses.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Governing law
By visiting or using the Web Site or any Network you agree that the laws of Hong Kong, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms.
You agree that STARTUP COMMONS is deemed a passive website that does not give rise to personal jurisdiction over STARTUP COMMONS or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than Hong Kong. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the courts located in Hong Kong and you hereby consent and submit to jurisdiction in such courts for the purposes of litigating any such action. General Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THESE TERMS BETWEEN YOU AND STARTUP COMMONS WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND STARTUP COMMONS RELATING TO THE SUBJECT MATTER OF THESE TERMS.
Should you have any questions concerning these Terms, please email STARTUP COMMONS at [email protected]
