1. Your Acceptance
Throughout this Agreement, the words “hibuk,” “us,” “we,” and “our,” refer to our company, Ark Corporation or www.hibuk.com, as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
Portions of the network may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, hibuk may also assign you a username and password.
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify hibuk immediately of any unauthorized use of your account or any other breach of security. hibuk will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by hibuk or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. Companies may register via the network but may only have one user account.
If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. hibuk has the sole discretion in granting or denying any accounts.
4. Access to the network
After properly registering for the network, we grant you a personal, non-exclusive, fully revocable, non-
assignable, non-transferable, limited right to use and access our network as permitted by us. As a user, you do not receive any ownership interest in the network; you merely receive the right to use and access the network as provided by us.
All rights not explicitly granted are reserved for hibuk. You agree to abide by the following restrictions listed below:
- You may not recompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the network or any portion of the network.
You may not share your license with any other parties unless permitted by us in writing.
- You may not violate any laws, rules or procedures of the United States.
- You may not violate any of our additional policies.
- You may not use our network except through specific channels provided by us.
- You may not use the network on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sub-license the network unless provided by us.
- Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our network, at our discretion.
Additionally, we may revoke or restrict your access to our network if we believe that your actions may harm or have harmed hibuk or the network itself. Failure by us to revoke your access does not act as a waiver of your conduct.
5. User Content
Your ability to submit or transmit any information through the network, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement.
All User Content you submit to the network will be owned by you. Please be aware that we are not
required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.
You agree that you are solely responsible for any User Content submitted and you release us from
any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content.
Any User Content found to be in violation of this Agreement or that we determine to be harmful to the network may be modified, edited, or removed at our discretion.
The hibuk does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our network you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant the hibuk, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content.
It is important for you to grant us this license so that we may transmit your User Content to other users through our network. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our network.
6. Network Availability and Modification
Although we will attempt to provide continuous network availability to you, we do not guarantee that the network will always be available, work, or be accessible at any particular time. We make no uptime guarantees.
We reserve the right to alter, modify, update, or remove our network at any time. We may conduct such modifications to our network for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the network for security, legal, or other reasons.
7. Your Conduct While Using The Network
When accessing or using our network, you are solely responsible for your use and for any use of the hibuk network made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the network in any medium, including without limitation by any automated or non-automated “scraping”;
You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the network;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the network or to extract or export data collected through the network;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the network to stalk, harass, bully or harm another individual;
- You agree that you will not hold hibuk responsible for your use of the network;
- You may not post any User Content that is violent, distasteful, contains sexual nudity or sex acts, or is otherwise not up to community standards;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to hibuk;
- You agree not to interfere with or disrupt the network;
- You agree to not violate any US federal or state laws while using the network; and
- You agree not to use the network in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm hibuk’s network or business interests your privileges to use our network may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our network, but hibuk reserves the right to suspend or terminate any account at any time without notice or explanation.
8. Seller Services Disclaimer
hibuk EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT hibuk MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND hibuk PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY hibuk.
All Seller Services are sold on an “as is” basis. User releases hibuk from any liability associated with user’s use of the network or purchase of any Seller Services.
hibuk is not a party to any contracts between users and Sellers. Additionally, hibuk does not control or direct the Seller or the Seller Services, including but not limited to delivery date, performance, or quality.
hibuk does not introduce users to Sellers. hibuk merely makes the network available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves.
Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of hibuk. hibuk does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.
In order to purchase any Seller Services user may be required to pay a fee as listed on the network by the Seller.
Seller shall receive all such fees minus any fees deducted by hibuk. If you wish to purchase anything from our network you agree that we may charge your payment method on file and you agree to pay the fee listed on the network.
Credit cards are charged by our online processing company. we do not receive or store any credit card
information. Although you may have a balance in your account please be aware that hibuk does not provide banking or escrow services and you may not use hibuk for such purposes.
10. Order Confirmation
The Seller Services are not confirmed until user receives an order confirmation (the “Order”) from the Seller. All Orders are subject to additional terms and conditions of the Seller as listed by the Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or other relevant information. hibuk is not responsible for any Orders or the delivery of any Seller Services.
At hibuk we want you to be satisfied with any Seller Services offered via the network. All Orders made by a user shall only be refunded if such Order has not been fulfilled by a Seller. Before any Order can be refunded for any Seller Services, the user must first attempt to contact the Seller. If the Seller fails to respond or does not deliver the Order as promised to the user, the user may then initiate a refund request by contacting hibuk.
Please be aware that refunds can only be given for unfulfilled orders and no refunds will be issued for any other reason.
All refunds are issued at the sole discretion of hibuk. If you wish to request a refund or have an issue with any account billing, please contact us a email@example.com. Buyer must have a Payza account to receive refunds.
Users and Sellers acknowledge and agree that in order for hibuk to make the network available, it must receive fees for all Seller Services and Orders transacted. In consideration for making the network available for users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party through the network , you must use the network as your exclusive method to request, make, and receive all payments for any Seller Services or Orders directly or indirectly provided to or received from that party or arising out of your relationship with that party. Users may only opt out of the non-circumvention by paying an opt out fee of $500 dollars or 20% of the total Orders purchased from a Seller in the past calendar year, whichever is greater.
You agree to notify hibuk immediately if another person improperly contacts you or suggests making or receiving payments outside of the network.
13. Seller and User Disputes
In the event of a dispute between Seller and user, Seller and user agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting resolve such a dispute. If such dispute cannot be settled, Seller or user may contact hibuk. hibuk, at its discretion, may assist in settling the dispute. In the event that hibuk assists in any dispute resolution, Seller and user agree to accept such resolution as resolved, binding, and final. This section does not obligate hibuk to settle disputes between any users and any Sellers and all users agree that hibuk is not a party to any such disputes.
You may cancel your account at any time via your hibuk dashboard or contacting us at firstname.lastname@example.org. Please be aware that upon termination of your account, access to portions of our network may be become immediately disabled and any Seller Services or Orders not concluded may be terminated. Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your membership if we determine that:
(1) you have violated any applicable laws while using our network;
(2) if you have violated this Agreement or any other of our network policies;
(3) if your account has remained inactive for an extended period of time; or
(4) if we believe that any of your actions may harm hibuk, at our sole decision or discretion.
In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
We are based in Pakistan, hence we can not comply with tax rules in other countries. You agree that you are responsible for any applicable taxes in your country. Although no taxes may be collected by us, you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.
Please remember that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments.
We attempt to protect our Sellers from charge-backs by employing different fraud detection methods. In the event of a charge back we will notify the Seller immediately and the Order shall be immediately cancelled. If we believe that you have participated in a fraudulent charge-back we will pursue our claims against you to the fullest extent allowed by law. Please be aware that Sellers will not be compensated for any lost profits or time due to a charge-back by user. In the event that we believe that a user has submitted a fraudulent charge-back, we will forward your information to the applicable law enforcement agency and your fraudulent charge-back may result in either a civil fine or jail time.
17. Idea Submission
hibuk or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas
relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to hibuk. The sole purpose of this policy is to avoid potential misunderstandings or disputes when hibuk’s products might seem similar to ideas you submitted to hibuk. If, despite our request that you not send us your ideas, you agree to the following:
(1) your Submissions and their contents will automatically become the property of hibuk, without any compensation to you;
(2) hibuk may use or redistribute the Submissions and their contents for any purpose and in any way;
(3)There is no obligation for hibuk to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
18. Intellectual Property
The name “hibuk,” the design of the hibuk network along with hibuk created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to hibuk. The Marks are subject to copyright and other intellectual property rights under local laws and international conventions. hibuk reserves all rights not expressly granted in and to the network.
You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the network unless we have given you express written permission.
19. Representations and Warranties
THE network AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER hibuk, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:
(A) THE network;
(B) ANY INFORMATION PROVIDED VIA THE network;
(C) ANY SELLER SERVICES AVAILBLE OR
(D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO hibuk OR VIA THE network. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
hibuk DOES NOT REPRESENT OR WARRANT THAT THE network WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE network OR THE SERVER THAT MAKES THE NETWORK AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS.
HIBUK DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE network ARE ACCURATE, COMPLETE, OR USEFUL. hibuk DOES NOT WARRANT THAT YOUR USE OF THE network IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND hibuk SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
IN NO EVENT SHALL hibuk, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM
(I) YOUR USE OR INABILITY TO USE THE network OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE network,
(II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR network OR FROM ANY SELLER SERVICES OR ORDERS,
(III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR network TO YOU,
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR network VIA A THIRD PARTY,
(V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL,
(VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR
(VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE NETWORK. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE- HUNDRED US DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for:
(a) death or personal injury caused by hibuk’s negligence or that of any of its officers, employees or agents;
(b) fraudulent misrepresentation; or
(c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless hibuk, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the hibuk network;
your violation of any term of this Agreement; and
any claim that your use of the network harmed another user or third party.
This defense and indemnification obligation will survive this Agreement and your use of the hibuk network. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Age Compliance
hibuk and its network may only be used by persons 18 years and older. If you are under 18 please stop using our network and please do not submit any information to us.
23. Intellectual Property and Copyrights
If you believe that any User Content or other content found on the hibuk network has infringed on your copyrights or other intellectual property rights, please consult the hibuk Copyright and Intellectual Property Policy (“Policy”). The Policy contains information regarding the notification procedures required by us to remove any infringing material or content from our network. You must agree to abide by the Policy before using or accessing the network.
24. Choice of Law
This Agreement shall be governed by the laws in force in the Pakistan. The offer and acceptance of this contract is deemed to have occurred in Pakistan.
You agree that any dispute relating in any way to your use of the network shall be submitted to confidential court of law in Islamabad. Each party shall be responsible for their own legal fees and costs.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the network or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
26. Class Action
You and hibuk agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
27. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots,
terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption,
communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with hibuk are deemed to conflict with each other’s operation, you agree that hibuk shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.
Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
32. Additional Agreements
agreements provided by hibuk constitutes the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our network.
34. Electronic Communications
The communications between you and hibuk use electronic means, whether you visit the network or send hibuk e-mails, or whether hibuk posts notices on the network or communicates with you via e-mail. For contractual purposes, you
(1) consent to receive communications from hibuk in an electronic form; and
(2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that hibuk provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.
35. Additional Terms for Sellers
The following sections 36-44 apply to any Sellers who wish to use the network and wish to sell Seller Services via the network.
Any Sellers wishing to use the network shall be required to sign up and create an account and shall
be bound by the additional terms listed below.
36. Seller Accounts
In order for Sellers to offer Seller Services you must create a Seller account. You must fully complete the
registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, hibuk may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify hibuk immediately of any unauthorized use of your account or any other breach of security. hibuk will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by hibuk or another party due to someone else using your account or password.
You may not use anyone else’s account at any time. Sellers may only register for one account per person and may not register as a company or group collaboration. hibuk has the sole discretion in granting or denying any accounts.
37. Seller Representations and Warranties
Seller providing any Seller Services represents and warrants the following:
(1) Seller owns or has properly licensed all Seller Services provided to any users of the network;
(2) the Seller Services will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity;
(3) the Seller Services offered do not violate any laws or any third party agreements;
(4) Seller has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement; and
(5) Seller will in good faith abide by this Agreement and all other restrictions and rules in place for any Seller Services sold on the network.
38. Termination of Seller Accounts
We may terminate your account if we determine that:
(1) you have violated any applicable laws while using our network;
(2) If you have violated this Agreement or any other of our network policies; or
(3) if we believe that any of your actions may harm hibuk, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. As a Seller if you wish to terminate your Seller account please notify us or use your account dashboard to terminate the account. Please be aware that once your account is terminated, all access and information including Seller Services in your existing account may become immediately inaccessible or deleted. Failure to terminate your account for any reason does not act as a waiver of your conduct.
39. Seller Services
As a Seller you may offer any services as allowed by hibuk including but not limited SEO search services,
collectively referred to as “Seller Services”. Please be aware that we are not required to host, display, migrate, or distribute any of your Seller Services and we may refuse to accept or transmit any Seller Services.
You agree that you are solely responsible for any User Content contained within the Seller Services submitted and you release us from any liability associated with any Seller Services submitted. You understand that we cannot guarantee the absolute safety and security of any such Seller Services. Any Seller Services found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion. You must abide by all Seller Services rules as outlined below.
When you submit any Seller Services to us, you grant hibuk the same licensing rights as listed in the Agreement for User Content.
40. Seller Services Rules
When offering any Seller Services you agree to abide by all rules and regulations related to such Seller Services. Additionally, Seller agrees that all Seller Services may not:
Contain any software that has viruses, worms, Trojan horses, or other material that may cause or aid in the destruction of or harm a computing environment.
Contain any material that is deemed illegal or unlawful in accordance with laws.
Create a genuine risk of physical injury or property damage, or credibly threaten people or public safety, or organize or encourage harm.
Be considered spam or “black hat” by search engines including Yahoo!, Google, or Bing.
41. Limited Payment Agent
For the purposes of this Agreement, the relationship between hibuk and Sellers is that of a limited payment agent.
Hibuk shall collect payments for the Seller Services, remit payment to Seller after such payment from the user is received minus any fees, and assist in providing refunds to users.
All payments for Seller Services may be held for a period of time to ensure proper performance of all Seller Services before they are released to Seller.
Seller agrees that as a limited payment agent, hibuk may accept payments from users and manage payments or refunds for any Seller Services. Both the Sellers and hibuk agree that no other agency relationship is formed between hibuk and Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent, or employee of hibuk. Seller agrees that it shall not misrepresent its relationship with hibuk to any third parties.
42. Seller Payments and Fees
Once payment for any Seller Services has been received and the Order has been confirmed by Seller, hibuk shall hold such payments for a reasonable period of time to verify payment.
Seller must complete the Seller Services as required as by each Order before payments shall be released to the Seller’s account. After such time period, Seller shall be issued payment in the method provided for by hibuk. hibuk shall deduct a service fee, commission, processing fees and other deductions as necessary from all payments made to Seller. hibuk reserves the right to change and alter any fees or commissions at any time, if hibuk alters such commission or fee structure it shall contact Seller.
In the event of a dispute between Seller and hibuk, Seller agrees that hibuk may withhold all funds until such dispute is resolved. For more information regarding hibuk’s fee and commission structure please
contact hibuk at email@example.com.
43. Refunds by hibuk
In the event of any refunds to any users for a Seller’s Order, Seller agrees that we may deduct the refund amount from any incoming payments or account balances held by hibuk for Seller.
Additionally, hibuk may invoice Seller for such outstanding balances that are owed due to any refunds if the Seller account funds are insufficient.
No refunds shall be given for any enhanced services provided by hibuk to Seller.
44. Additional Limitations of Liability and Disclaimers for Sellers
Unless otherwise provided in this Agreement, in no event shall hibuk be liable to the Seller for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES SHALL HIBUK BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY HIBUK TO Seller DURING THE PRECEDING MONTH.DUE TO THE NATURE OF
INTERNET AVAILABILITY AND ACCESSIBILITY, HIBUK CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE NETWORK. WITHOUT LIMITING THE ABOVE, THE NETWORK, HIBUK CONTENT AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND hibuk MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, hibuk DOES NOT REPRESENT OR WARRANT
(A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE NETWORK,
(B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR
(C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
Hibuk makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any hibuk content or its network. hibuk has no liability to Seller for any Seller Services or Orders.
45. Affiliate Terms
The following sections 45-50 apply specifically to the hibuk Affiliate Program. As an incentive to share the
network with friends, hibuk has implemented an Affiliate program; users taking part in the Affiliate program shall be referred to as “Affiliates”. In order to join the hibuk Affiliate program, a user may be required to provide additional information. We reserve the right to reject any users who wish to join the Affiliate program.
Furthermore, hibuk reserves the right to terminate any Affiliates at any time, at our discretion.
Once accepted into the Affiliate program, Affiliates shall be provided with a unique link or identifier to track
referrals (“Tracker”). Affiliates are solely responsible for ensuring that the Tracker functions properly.
Referrals shall be counted by the Tracker and successful referrals (“Qualified Referral”) shall be determined in the sole discretion of hibuk. hibuk agrees to pay Affiliate a referral fee for each Qualified Referral as outlined on the network. Affiliates shall be notified by hibuk for each Qualified Referral received. In the event of a dispute relating to any Qualified Referrals, hibuk shall have the sole discretion in deciding the outcome of such a dispute.
During the duration of the dispute, hibuk shall not be required to pay the Affiliate any referral fees.
Payment shall be issued on an as requested basis but no greater than monthly periods. Affiliate shall be paid in USD and in a manner as agreed upon by the parties. hibuk shall not be responsible to pay Affiliate any referral fees, where such referral fees have been earned on the accounts of any users who have failed to sign up or follow the necessary procedures.
Additional Guidelines for Affiliates
Affiliate agrees that it may not bind hibuk and shall not misrepresent its relationship with hibuk. Furthermore,
Affiliates may not:
Send spam messages or violate any laws.
Attempt to inflate their commissions by circumventing or otherwise compromising our systems.
Create or post any ads that contain the hibuk Marks, without first receiving written permission from hibuk.
Collect, scrape, or store data about other users or Affiliates.
Commit fraud or preform any illegal activities through your use of the Affiliate program.
Post ads that are misleading, harmful, not up to community standards, offensive, illegal, hateful, pornographic, or otherwise distasteful.
Post ads using malware, viruses, pop-under, pop-overs, or other spamming technology.
We may suspend or terminate your Affiliate account immediately, if you violate any of these guidelines or at our discretion.
46. Term and Termination for Affiliates
Upon successful registration as an Affiliate, the user shall be deemed an Affiliate for the purposes of this
Agreement. The Affiliate term shall continue indefinitely until terminated by either party subject to this
Agreement’s termination provisions. hibuk may terminate this Agreement at any time and for any reason by giving written notice via email or the network to the Affiliate. Affiliate may terminate this Agreement by providing written notice to hibuk via the network or via email. Please be aware that upon termination by Affiliate, any outstanding payments owed to Affiliate shall be forfeited.
hibuk actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as
determined in hibuk’s sole discretion, Affiliate’s account will be made inactive pending further investigation.
After determining that Affiliate has participated in fraudulent or deceptive activity, hibuk may terminate
Affiliate’s account and Affiliate shall not be entitled to any compensation that is owed but unpaid.
48. Additional Limitations of Liability and Disclaimers for Affiliates
Unless otherwise provided in this Agreement, in no event shall hibuk be liable to the Affiliate for any lost
profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages.
UNDER NO CIRCUMSTANCES SHALL hibuk BE LIABLE TO ANY AFFILIATE FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY hibuk TO AFFILIATE DURING THE PRECEDING MONTH.
DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, hibuk CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE network. WITHOUT LIMITING THE ABOVE, THE Network, hibuk CONTENT AND ANY OTHER MATERIALS PROVIDED TO AFFILIATE ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, AND hibuk MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANT-ABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, hibuk DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE network, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
hibuk makes no representations and warranties whatsoever, and disclaims any responsibility and liability,
regarding the content or nature of any hibuk content or its network. hibuk has no liability to Affiliate for
unapproved materials, including all copy, images, URL names, and search terms used by Affiliate.
49. Affiliate Warranties
Affiliate represents, warrants, and covenants as follows:
Affiliate has the ability and the right to grant the permissions required to effectuate this Agreement;
Affiliate has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement;
Affiliate will comply in good faith with hibuk’ directions and all other agreements provided; and
Affiliate shall abide by all laws and regulations of Pakistan and is capable of undertaking this Agreement without infringing on the rights of third parties.
50. Relationship of Parties
Affiliate agrees that hibuk is acting as an independent contractor in performing any services contemplated under this Agreement and that the relationship between the hibuk and Affiliate shall not constitute a partnership, joint venture or agency. Neither hibuk nor any of hibuk’s employees or agents (i) is an employee, agent or legal representative of Affiliate, or (ii) shall have any authority to represent Affiliate or to enter into any contracts or assume any liabilities on behalf of Affiliate. Neither Affiliate nor Affiliate’s employees or agents
(i) is an employee, agent or legal representative of hibuk, or (ii) shall have any authority to represent hibuk or to enter into any contracts or assume any liabilities on behalf of hibuk.