Hoo Events Inc. Terms Of Use

Terms

The following terms and conditions apply to use by organizers and administrators of an event using the site (each, an “Event Administrator”), and by those who attend and participate in events (“Event Participants”), as well as all other users of the Services as herein defined (Event Administrators, Event Participants and all other users, individually, a “User”). Your use of the Hoo Events Inc. (the “Provider”) Internet site (the “Site”) or any of the software subscription service offerings or other services offered on the Site, mobile applications such as Apple iOS, Android and BlackBerry (collectively “Applications”) and all content, services and products available at or through the Site or Applications (collectively, the “Services”) is subject to these Terms of Use (“Terms”). By accessing the Site, you are agreeing to be bound by the Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not accept any term or condition contained in these Terms, you should immediately discontinue any use or access of this Site. The content appearing on this Site may contain technical, typographical or photographic errors and the Provider does not warrant that any of the materials on the Site are accurate, complete or current.

The Provider may make changes to the materials contained on this Site at any time without notice. It is your responsibility to check these Terms periodically for changes. By using this Site you agree to be bound by the then-current version of these Terms.

Description of Hoo Events Inc.

The Provider provides a simple and quick means for registered Event Administrators to plan events, manage guest lists, collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees (as defined below) ("Event Registration Fees"), from Event Participants. Event Administrators may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect Event Registration Fees online directly from Event Participants.

For Event Participants, the Provider provides a simple means for Event Participants and other Users to obtain information on events planned by Event Administrators, guest lists, ticket purchasing, photo and comment sharing, and networking with other Users.

Payments

The Provider provides Event Administrators the means to sell tickets and other event-related products. Payments are all transacted through PayPal, Beanstream or other third party payment processors as may be designated by the Provider, from time to time.

For all Users who use PayPal’s services to purchase the Services provided by Event Administrators on the Site, please review the legal agreement for PayPal provided on its website www.paypal.com. The Provider makes no warranty about the services offered by PayPal.

Services

The Provider hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site, in each case (i) in compliance with these Terms, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable law); (iii) rent, lease, resell, distribute or use the Services for commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.

Registration Obligations

To be a registered User of the Services as an Event Administrator or Event Participant, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

Account, Password and Security

As part of the Site registration process, Event Administrators and Event Participants will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (i) immediately notify the Provider of any unauthorized use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. The Provider will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use or misuse of your account. In the event of any dispute between two or more parties as to account ownership, you agree that the Provider shall be the sole arbiter of such dispute in its sole discretion and that the Provider’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Service Fees

Service Fees are charged at the amounts stated on the Site. If you wish to purchase any products or services that we make available to you through the Services, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information. Any such information will be treated as described in our Privacy Policy http://www.hoo.events/privacy. All information that you provide to us or to our third party payment processor must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYPAL ACCOUNT USED TO INITIATE ANY TRANSACTION. You will also be responsible for paying any applicable taxes relating to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.

Ownership of Content and License

The Provider either owns the intellectual property rights or has acquired licenses in all Site content, including without limitation, all copyrights, trademarks, patents or other rights in and to all code, software, text, graphics, icons, videos, images and photographs, together with the selection and arrangement of such contents of the Site (collectively the "Content"). Subject to the provisions contained herein, you are granted a limited, non-transferrable, non-exclusive license to view and access the pages of this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the Content (other than single copies for your own personal use);
  • use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on this Site;
  • remove any copyright or other proprietary notations from the Content; or
  • transfer the Content to another person or "mirror" the Content on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Provider at any time. On terminating your viewing of this Content or on the termination of this license, you must destroy any downloaded Content in your possession, whether in electronic or printed format.

Your Content

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to the Event Administrator a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. At their sole discretion, the Provider and Event Administrator reserve the right to remove any of Your Content from the Site.

Once Your Content, including texts or photos, is posted on the Site, your Content can be shared, viewed and commented on by other Users and Users may be tagged in content uploaded by other Users. The Provider makes no warranties about the comments, posting, sharing and tagging of Users in the content uploaded and shared on the Site by any other Users. The Provider does not monitor the content provided by other uses and has no liability for any loss or damages suffered by a User, howsoever caused, as a result of content posted on the Site by any User.

Certain Restrictions

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, a representative of the Provider or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by the Terms or expressly authorized by the Provider;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
  • stalk or otherwise harass any person or entity.

Certain Remedial Rights

You acknowledge that the Provider and/or Event Administrator does not always pre-screen Content provided or made available by you or any third party in connection with the Services, but that the Provider, Event Administrator, and their designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that the Provider may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of the Provider, its users and/or the public.

No Endorsement

The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than the Provider and the Provider does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, the Provider is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that the Provider is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.

No Warranties

All Content on this Site is provided "as is" and the Provider makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. The Provider makes no warranty that;

  • the Services will meet your requirements;
  • the Services will be uninterrupted, timely, secure or error-free;
  • the results that may be obtained from the use of the Services will be accurate or reliable;
  • the Services themselves (or any part thereof) will meet your expectations;
  • the accuracy of any information or contented provided by any User; or
  • any errors in the Services will be corrected.

Release and Indemnity

You agree to release, defend, indemnify and hold the Provider, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, lost revenue, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any party (each a "Claim") due to, arising out of or in connection with:

  • any event organized or participated in through the use of the Site or the Services, including, without limitation, any injury to property or persons (including death);
  • Your Content;
  • any content posted by any User of the Site;
  • your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or
  • our violation of the Terms.

The Provider shall provide notice to you of any such Claim, provided that the failure or delay by the Provider in providing such notice shall not limit your obligations hereunder. The Provider reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting the Providers defense of such matter.

Electronic Transmissions

Without the use of encryption, the Internet is not a secure medium and privacy of any information you electronically transmit to the Provider cannot be ensured. The Provider will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you send to the Provider through the Internet, or that you expressly or implicitly authorize the Provider to send, or for any errors or any changes made to any transmitted information. Please refer to the Provider Privacy Policy on this Site for additional information with respect to the Provider's handling of personal information.

Limitation of Liability

In no event shall the Provider, its partners, employees, consultants, agents, representatives or contractors ("Provider Parties") be liable for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Site or in reliance on the information available on this Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any pecuniary loss, whether the action is in contract, tort (including negligence) or other legal action. The Provider expressly disclaims any liability for unauthorized use or reproduction of any portion of the Site.

In no event shall the Provider or the Provider Parties be liable for any losses or damages suffered by Event Participants as a result of their use of the Provider to purchase tickets to an event, share photos, provide comments or feedback on an event or network with other Users. Once tickets have been purchased, they are the property of the Event Participant. The Event Participant can transfer the ownership of the purchased tickets to any other User. All transfer are the responsibility of the Event Participant and the Provider has no liability and makes no warranty regarding the ownership of any tickets once purchased or transferred using the Services.

Release and Indemnification

In consideration of being permitted to access and use the Services, you hereby release the Provider and each of the Provider’s officers, directors, agents, other partners and employees from and against any and all Claims whatsoever arising from your use of the Site (including any breach by you of these Terms), the Content or otherwise in connection with any matter contemplated by these Terms. You further agree to indemnify and hold harmless the Provider and the Provider Parties from and against any losses, judgments, costs and expenses (including legal fees) incurred as a result of any Claim arising from your use of the Site, the Content or otherwise in connection with these Terms.

Intellectual Property Rights

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy Policy

All of the information that the Provider collects from you, such as registration information, is subject to the Provider privacy policy and applicable privacy laws. Please go to this page http://www.hoo.events/privacy to see the Provider’s full privacy policy. This policy is expressly incorporated into and a part of these Terms.

You acknowledge and agree that certain of the Services may be provided by the Provider’s partners, and that your contact information may be provided to such partners in order for them to provide the Services, and such partners may contact you directly regarding other service offerings (you may opt out of receiving information about a partner’s other service offerings by following the notice procedure set forth below).

Termination

The Provider may, in its sole and unfettered discretion, terminate your right to use or access this Site at any time without notice. Upon such termination, you shall immediately cease any and all use or access of this Site and the Provider shall have no liability or obligation to you in connection with any such termination.

Conformity of Laws

You agree that your use of the Site shall not violate any applicable local, federal or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.

General Provisions

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms. If any provision of these Terms is rendered invalid or inapplicable by a court of competent jurisdiction, it shall be severed and the remaining provisions shall remain in force. You shall not assign, transfer, subcontract or part with any of your rights, duties or obligations hereunder. No waiver by the Provider of any right or remedy granted to it hereunder shall be valid unless in writing and signed by the Provider. No delay, failure or partial exercise by the Provider in exercising any rights or remedies hereunder shall be construed as a waiver by the Provider to exercise such rights or remedies and to strictly enforce compliance with these Terms.