TERMS & CONDITIONS
Terms of Service
Hello Events Website Terms of Service
Effective Date: February 27, 2017
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE DISCONTINUE USE OF THE SITE IMMEDIATELY. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND / OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH Hello Events REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE, AS THEY MAY BE AMENDED FROM TIME TO TIME, BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
IMPORTANT: PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Hello Events ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION [UNLESS YOU CHOOSE TO OPT OUT OF THE ARBITRATION PROVISION]. BY VIRTUE OF YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT (INCLUDING THE ARBITRATION PROVISION) AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT BUSINESS DECISION. [IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE ARBITRATION PROVISION BELOW.]
Access to the Site
To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete and that you will abide by these Terms of Service. If Hello Events believes that the information you provide is not correct, current, or complete, or that you have violated any provision in these Terms of Service, Hello Events has the right to refuse you access to this Site or any of its resources or to temporarily suspend or permanently terminate your user account, with or without a prorated refund of any prepaid amounts in its sole discretion.
Restrictions on Use
You are granted a nonexclusive, nontransferable, nonsublicensable, revocable, limited license to access and use this Site in accordance with this Terms of Service. You may use this Site for purposes expressly permitted by this Site. As a condition of your use of Hello Events’s Site and Services, you warrant to Hello Events that you will not use the Site or Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Site, or (ii) frame this Site without the express prior written permission of an authorized representative of Hello Events. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Hello Events in causing any unauthorized cobranding, framing, or other impermissible activity immediately to cease. In addition, you may not use Hello Events’s Site or Services in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Services. Any commercial use of the Site or Services not expressly authorized is prohibited. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Services you are using.
If you purchase a ticket or otherwise subscribe to a Service on this Site that requires payment of a fee, you agree to pay all associated fees as required. You may set up your credit card or an electronic funds transfer / ACH for all charges for Services on this Site. You agree to provide Hello Events with accurate and complete billing information, including, where appropriate, bank account and routing information, valid credit card information, your name, address, and telephone number, and to provide Hello Events with any changes in such information within 5 business days of the change. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree that Hello Events may, at its sole option, suspend or terminate your account and require you to pay the overdue amount immediately by other means acceptable to Hello Events. You agree that, until your account is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the Service. In the event that legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Ticket prices are set by the event organizer, not Hello Events. For paid tickets, Hello Events will charge US$.99 plus 1.0% of the face value of each event ticket as a service fee plus a 3% credit card processing fee if Hello Events processes the tickets using Hello Events Events ticket processing. Hello Events will charge US$.99 of the face value of each ticket plus 1% of the face value of each event ticket as a service fee for event organizers that use an Authorize.net compatible merchant account or provide their own Paypal business account. Hello Events has sole discretion to determine fees and fee adjustments for every event. There may be an additional service fee where a Hello Events affiliate provides event ticket sales through the Hello Events tickets processing system.
Ticket Specific Terms and Conditions
For all tickets issued by Hello Events on behalf of the applicable event organizer, the following additional terms and conditions apply: (1) the ticket is valid for 30 days from selected day of visit; (2) the ticket is refundable at organizer discretion; (3) the ticket cannot be exchanged, transferred, or resold for commercial gain; (4) visitors will not be allowed admission to the corresponding show without a valid ticket; (5) for the safety of visitors to the corresponding show, the event organizers reserve the right to refuse admission, and may, on occasions conduct security searches; (6) please check all your tickets on purchase, as mistakes cannot always be rectified; (7) the event organizers reserve the right to alter or vary the content or timing of the whole or any part of the corresponding show due to circumstances beyond Hello Events’s reasonable control without being obliged to refund or exchange tickets; (8) the event organizers cannot accept financial or other responsibility for any loss or liability incurred by visitors to the corresponding show as a result of contracts entered into by visitors with any exhibitor or advice sought or obtained from any exhibitor; (9) the event organizers cannot accept responsibility for any loss or damage to personal property brought to the applicable corresponding show; (10) visitors may be filmed or recorded for broadcast or security purposes during the applicable corresponding show; (11) the sale of any articles in the gangways or anywhere on the exhibition premises is strictly forbidden except with the written permission of the event organizers, and the event organizers reserves the right at their absolute discretion to confiscate any such articles for infringement of the condition; (12) Hello Events is not responsible for false transfer or purchase of tickets from a third party. If the event ticket is not purchased directly from the Hello Events site, we cannot guaranty the validity of said ticket. Please report any and all fraudulent attempts to buy/sell tickets from anyone other than the organizer and that organizer's event website; and (13) if you have any queries regarding your Advance Ticket order, please telephone 1-800-896-9965.
Additional Services Related Terms and Conditions
As part of the Services Hello Events may provide event organizers, Hello Events may also provide certain services related to the collection of receivables owed to such event organizer pursuant to the sale of tickets or other authorized transactions. If you are not an event organizer or you do not use Hello Events as described in this section, these additional terms in this section do not apply to you. You authorize Hello Events to initiate credit/debit card transactions for authorized transactions (“Transactions”) on your behalf and to settle the same to you in a manner determined by Hello Events. You acknowledge and agree that the Transactions may be processed by one or more third parties of Hello Events’s choosing, which Hello Events may change in its sole discretion from time to time. You acknowledges that all Transactions may be treated as a single transaction for purposes of daily settlement between you and Hello Events. Chargebacks, refunds, and fees may be deducted from daily settlement or may be debited from your account if no pending credits are available to offset the debit. You authorize Hello Events to initiate refunds for Transactions in accordance with Hello Events’s published refund policy, as amended from time to time, and to deduct such refunds from your account.
Availability and Accommodations
The number of tickets sold for an event is set by the event organizer of the event, not Hello Events. Hello Events will not be held liable for ticket over sales. Event organizers shall have discretion as to the method of refund, which may include the event price refund or a ticket exchange for a similarly priced event. Hello Events does not sell tickets with preassigned seating. Seating charts and configuration, if any, are the sole responsibility of the event organizer. Event attendees should determine seating arrangements and any special seating requirements or accommodations in advance of ordering tickets.
Cancellations and Refunds
All sales are final. Hello Events will not refund or exchange tickets unless the event is cancelled or rescheduled and the ticket is purchased using Hello Events’s payment processing system, in which case the refund will be issued within twenty (20) days of the request by the event attendee. All refund requests to Hello Events must be made within sixty (60) days of the announcement of cancellation or rescheduling by the event organizer or venue (whichever is earlier), otherwise, no refunds will be issued under any circumstance. Hello Events will not issue any refunds in the event that the ticket is purchased using a third-party payment processing system, regardless of whether the event has been cancelled or rescheduled. Event organizers shall be solely responsible for issuing refunds to attendees due to cancellations or rescheduling for tickets purchased through third-party payment processing systems. Event organizers who wish to sell tickets using third party payment processing systems must communicate their refund policy to event attendees and shall ensure that their refund policy is consistent with these Terms of Service. Notwithstanding the foregoing, whether you are using the Service as an event organizer, event attendee, or otherwise, you acknowledge and agree that Hello Events shall have the right to force a refund of any or all tickets at any time for any reason or for no reason, including, without limitation, if Hello Events receives complaints from a substantial number (as determined in Hello Events’s sole discretion) of event attendees with respect to the particular event organizer or event, or Hello Events determines in its sole discretion that the event organizer has engaged in any fraudulent or misleading activities or has made any misrepresentations.
Except for taxes based on Hello Events’s income, event organizers are solely liable for all taxes associated with the sale of tickets through the Service. All applicable taxes are calculated based on the billing information you provide us. You agree to reimburse us for all collection costs and interest for any overdue amounts. Hello Events reserves the right, in its sole discretion, to withhold any amounts if it has determined that you have used the Service in a fraudulent manner, are in violation of any laws or regulations, or are in violation of these Terms of Service. Such withholding may be temporary or permanent, as determined by Hello Events.
Hello Events and Third Party Proprietary Information
The Site and Services provided by Hello Events are licensed, not sold. The material and content accessible from this Site, and any other website owned, operated, licensed, or otherwise controlled by Hello Events (the “Content”) is the proprietary information of Hello Events or the party that provided or licensed the Content to Hello Events, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, decompiled, reverse engineered, disassembled, transferred, distributed, republished, resold, sublicensed, uploaded, posted, used to create derivative works, or transmitted in any way without the prior written consent of Hello Events, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Service violates Hello Events’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site. Notwithstanding this provision, users of Hello Events Services and the Site are not permitted to use the Content as a component of, or basis for, a database prepared for use by the said user or any third party. Furthermore, all copies of Content, whether in print or electronic form, must incorporate all of Hello Events’s or third party copyright and / or other intellectual property rights notices.
Your Proprietary Information
Hello Events Applications
Hello Events may offer the Services through applications built using Hello Events’s platform, including any mobile device applications or interactive plugins distributed on third-party websites. If you use Services through an application or interact with a Hello Events plugin on a third-party site, we may receive information about you and your use of the Services. Additionally, by using an application that relates to or enables your use of the Services, you are accepting the terms of any end user license agreement associated with such application, in addition to these Terms of Service.
If you are accessing the Services through an application from the Apple App Store, you and Hello Events agree to the following additional terms:
- Hello Events and you acknowledge that these Terms of Service are concluded between you and Hello Events only, and not with Apple, and Hello Events, not Apple, is solely responsible for the Services and the content thereof. Hello Events and you agree to be bound by the App Store Terms of Service as of the Effective Date (which you acknowledge you have had the opportunity to review), including without limitation the Usage Rules (as defined in the App Store Terms of Service) (capitalized terms below have the definitions given to them in the App Store Terms of Service unless otherwise defined herein).
- You may only access the Services on an iOS product that you own or control and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
- To the extent set forth herein or required by applicable law, Hello Events is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
- Hello Events, not Apple, is solely responsible for any product warranties set forth in these Terms of Service, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be Hello Events’ sole responsibility, to the extent not disclaimer herein.
- Hello Events and you acknowledge that Hello Events, not Apple, is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Apple shall in no way be responsible for any claim (including any related investigation, defense, settlement or discharge thereof) that the Services or your possession and use of the Services infringe any third party’s intellectual property rights.
- If you send SMS messages through Services, you acknowledge that standard text messaging rates or other carrier charges may apply to such use.
- If you authorize Hello Events to access your Address Book on your iOS product, you acknowledge and agree that Hello Events may access and use such data to invite share job with your contacts.
- Hello Events may send you Push Notifications if you authorize Hello Events to do so.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work(s) claimed to have been infringed; (3) identification of the material that is alleged to be infringing or is the subject of the allegedly infringing activity that you desire to have removed or access to which is to be disabled; (4) information that is specific and sufficient to permit us to locate the material, including the URL and/or a specific description of where the material is located; (5) information reasonably sufficient to permit the service provider to contact you, such as a mailing address, telephone number, or email address; (6) a statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (7) a statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hello Events’s designated copyright agent to receive notifications of claimed infringement is Leila Banijamali, 182 Howard Street, #840, San Francisco, California 94105, email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the copyright agent. Other feedback, comments, requests for technical support, and other communications should be directed to Hello Events customer support at email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice to the designated copyright agent above with the following information: (1) your physical or electronic signature; (2) identification of the Content that has been remove or to which access has been disabled; (3) information that is specific and sufficient to describe where the Content appeared before it was removed or disabled; (4) a statement that you have a good faith belief that the Content was removed or disabled as a result of a mistake or a misidentification of the Content; (5) your name, address, telephone number, and email address; (6) a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and (7) a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the designated copyright agent above, Hello Events may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Hello Events’s sole discretion.
The Hello Events Site and Services may need updating from time to time. These updates may temporarily disrupt use of the Site or Services and are designed to improve, enhance, and further develop the Site or Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
This Site may contain links to other sites which are not maintained by, or related to, Hello Events. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Hello Events. Hello Events has not reviewed any or all of such sites and is not responsible for the content of those sites. Hello Events is not responsible for webcasting or any other form of transmission received from any linked site. Links are to be used and third party sites accessed at the user’s own risk, and Hello Events makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to this Site. Hello Events provides links as a convenience, and the inclusion of any link to a third party site does not necessarily imply endorsement by Hello Events of that site or any association with its operators.
The Site and Services may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party or other material protected by intellectual property laws (or by rights of privacy or publicity);
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs that contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site;
- facilitates the resale of tickets;
- intentionally or unintentionally violates any applicable law or regulation (foreign or domestic), including, without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchanges (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Hello Events reserves the right to monitor use of the Site to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. Hello Events reserves the right to terminate your access to any or all of the Communication Services at any time without notice for no reason or any reason whatsoever. Hello Events also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Hello Events nor any third party that provides Content to Hello Events will assume or have any liability for any action or inaction by Hello Events or such third party with respect to any submission. Hello Events cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Hello Events does not control or endorse the content, messages or information found in any Communication Service and, consequently, Hello Events specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hello Events spokespersons, and their views do not necessarily reflect those of Hello Events.
If you are using Hello Events Services as the organizer of an event, Hello Events may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Hello Events.com). All such sub-domains are the sole property of Hello Events. In the event that Hello Events provides you with a sub-domain, your right to use each sub-domain may be terminated by Hello Events at any time (with or without notice) for any reason or no reason.
Some of the Hello Events Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Hello Events Content, user-generated content, queries, or other information. The manner, mode, and extent of advertising by or permitted by Hello Events on the Site are subject to change without specific notice to you. In consideration for Hello Events granting you access to and use of the Site and Services, you agree that Hello Events may place such advertising on the Site or Services.
You understand that Hello Events cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. Hello Events does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Hello Events DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Hello Events DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Hello Events DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND Hello Events MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT Hello Events, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Hello Events MAKES NO WARRANTIES THAT OUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Hello Events does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.
Limitation of Liability
Hello Events, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF Hello Events HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Hello Events AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) FIVE HUNDRED DOLLARS ($500) OR (B) THE FEES PAID BY YOU TO Hello EventsFOR THE 3-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, Hello Events'S LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY Hello Events TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Hello Events. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS HEREIN WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.
You shall indemnify, defend and hold Hello Events, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from (1) the Submitted Data or other content or material submit or otherwise transmit through the Site or Services; (2) any violation of these Terms of Service by you, including any use of Content other than as expressly authorized in these Terms of Service; you violation of any rights of another; or (iv) your use of the Site or Services. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site. Hello Events reserves the right to assume the exclusive defense and control of any matter otherwise subject to defense by you.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account. Hello Events will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Hello Events considers insecure, Hello Events will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any Services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Hello Events reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Hello Events reserves the right to investigate suspected violations of these Terms of Service.
Hello Events reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Hello Events to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Hello Events FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Hello Events DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Hello Events OR LAW ENFORCEMENT AUTHORITIES.
Service Modifications / Suspensions
Hello Events reserves the right at any time to, and from time to time may, modify, suspend, or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. Hello Events will not be responsible to you for a refund, in whole or in part, of service charges for any reason, except with respect to refunds to paying event attendees that are otherwise expressly permitted in this Terms of Service. You agree that Hello Events shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.
You may from time to time identify problems, solutions to identified problems, provide suggestions, comments or other feedback related to our Site, Services or otherwise relating to Hello Events (“Feedback”) to Hello Events. You acknowledge and agree that all Feedback is and shall be given entirely voluntarily and Hello Events shall be free to use or disclose such Feedback for any purpose. You further acknowledge and agree that your Feedback does not contain confidential or proprietary information and you are not entitled to any compensation or reimbursement of any kind from Hello Events under any circumstances relating to such Feedback.
No delay or failure by Hello Events to enforce any of these Terms of Service shall constitute a waiver of any of our rights under these Terms of Service. Neither the receipt of any funds by Hello Events nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Service. Only a specific, written waiver signed by an authorized representative of Hello Events shall have any legal effect.
If any clause or provision set forth in this Terms of Service statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Any controversy or claim arising out of or relating to this Terms of Service or the provision of the Services shall be finally settled by binding arbitration in accordance with the most current commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and Hello Events agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or Hello Events may seek an interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or Hello Events (or its agents, suppliers, and subcontractors) pending the completion of arbitration. YOU AND Hello Events AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Hello Events agree otherwise, the arbitrator may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Governing Law and Jurisdiction
The Services may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services, you represent and warrant that (i) you are not located in any country, or exporting the Service to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
This English-language Terms of Service statement is Hello Events’s official agreement with users of this Site. In case of any inconsistency between this English-language Terms of Service statement and its translation into another language, this English-language document shall control.
The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
Children and Minors
By using our Services, you affirm that you are at least 13 years of age. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
If you are accessing the Services through an application from the Apple App Store, Hello Events and you acknowledge and agree Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof. Except for the foregoing or as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Hello Events, to claim a beneficial interest in these Terms of Service or any rights occurring by virtue of these Terms of Service.
These Terms of Service, along with any rules, guidelines, or policies published on the Site constitute the entire agreement between Hello Events and you with respect to your use of our Site or Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on the Site or Services, the Terms of Service shall control. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against Hello Events or Hello Events’s affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. Hello Events may freely assign its rights and obligations under these Terms of Service. In addition to any excuse provided by applicable law, Hello Events shall be excused from liability for non-delivery or delay in delivery or availability of Services available through our Site arising from any event beyond Hello Events’s reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond Hello Events’s reasonable control, whether or not similar to those which are enumerated above. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms of Service, will survive the termination of these Terms of Service and termination of the Services. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms of Service.
Changes to this Agreement; Electronic Notices and Disclosures
Hello Events reserves the right, in its sole discretion, to modify, alter, or otherwise change this Terms of Service at any time. We will provide notice of such change on this Site. Please review the Terms of Service and/or additional terms periodically for changes. Your continued use of the Hello Events Site constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Site.
You acknowledge and agree that Hello Events may provide notices and other disclosures to you, required by these Terms, any other agreement, or law, electronically by posting such notices or other disclosures on Hello Events’s website or by emailing it to you at any email address provided to Hello Events by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
For More Information
If you have any questions regarding our Terms of Service statement, please contact us by sending an email to firstname.lastname@example.org, or writing to us at Hello Events, 451 Avon River Rd, Franklin, TN 37064.