1. Children under 13. The Web Site is not directed at children under 13 years of age. If you are under 13, please do not use the Web Site and exit immediately.
4. Trademarks. All trademarks, service marks and trade names of HurryOut used herein (including but not limited to: the HurryOut name, the HurryOut corporate logo, the Web Site name, the Web Site design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of HurryOut or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify HurryOut trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Web Site, without HurryOut’s prior written consent. The use of HurryOut trademarks on any other web site or network computer environment is not allowed. HurryOut prohibits the use of HurryOut trademarks as a “hot” link on or to any other web site unless establishment of such a link is approved in advance.
5. Unsolicited Submissions Policy. HurryOut is pleased to hear from its loyal fans and welcomes your comments regarding HurryOut. Except where HurryOut specifically requests comments or submissions, HurryOut does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by HurryOut’s professional staff seem to others to be similar to their own creative work. Accordingly, HurryOut requests that your comments relate to those services offered by HurryOut, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against HurryOut (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant HurryOut a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release HurryOut (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
6. Solicited Submission Policy. Where HurryOut has specifically invited or requested submissions, HurryOut encourages members of the public to submit user published content or user content (e.g.postings of new or revised events, activities, venues, performers, promoters etc.) to HurryOut that they have created for consideration in connection with the Site (“User Submissions”). User Submissions remains the intellectual property of the individual user. By posting content on our Site, you expressly grant HurryOut a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non-confidential and HurryOut shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission. We may remove or decline to post any User Submission at any time, for any reason (or for no reason), without notice and at our sole discretion, including if we determine that a User Submission is inappropriate or fails to comply with these Terms. We have no responsibility for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of HurryOut. Your contribution of a User Submission does not create an employment, agency, partnership, or joint venture relationship between you and us. You agree that there will be no compensation for any User Submission that you provide.
7. Advertisements and Solicitations of Business. HurryOut encourages anyone, including event promoters, artists, performers, etc. to post information about events, venues, etc. These may include material that could be seen as advertisement or solicitation of business. We allow submitting such content provided that it is informative to the public, truthful, posted in a relevant area of the Web Site, and not posted in other areas of the Web Site. HurryOut and other users of the Web Site may change the placement of such content on the Web Site, and may remove such content for any reason, or for no reason. You may not post any advertisement for services or products that are not relevant on the HurryOut Web Site (e.g. events in a location or category that is not yet included in the Web Site).
8. Inappropriate User Submissions.
Your User Submission must not contain:
(a) false, deceptive, misinformative, or misleading information
(b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law;
(d) impersonations of third parties, other than those which are readily apparent
(e) non-public information about a person without the person’s consent
(f) content directed at children under 13 years of age
(g) content that harasses or bullies another.
9. Advertising Rights. HurryOut reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and HurryOut and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate HurryOut to sell, license or offer to sell or license any advertising, promotion or distribution rights.
10. Accuracy of Information. We rely on User Submissions for much of the Web Site’s content. Therefore, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, events included on this Web Site may be rescheduled or canceled, or their description, price, performers, etc may be different than sstated on this Web Site. In addition, we and other contributors may make changes in information without notice.
11. Linking to this Web Site. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any links to this Web Site must comply will all applicable laws, rule and regulations.
12. Facebook Functionality. In order to provide an enhanced experience to users who are registered on Facebook, we offer an option to Sign In with Facebook and ways to interact with Facebook from within the HurryOut Web Site. These features utilize the Facebook Platform technology. Your use of such features may be subject to your compliance with Facebook’s policies. For more information on Facebook’s policies, consult: http://www.facebook.com/policies/
13. Third Party Links. From time to time, this Web Site may contain links to web sites that are not owned, operated or controlled by HurryOut or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk.
15. Account Registration and Security. You understand that you may need to create an account or to provide an email address that belongs to you in order to have access to all of the parts of the Web Site. In consideration of your use of the Web Site, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Web Site’s registration form (such information being 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 HurryOut has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HurryOut has the right to suspend or terminate your account and refuse any and all current or future use of the Web Site (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Web Site. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.
16. User Published Content. User published Content does not represent the views of HurryOut or any individual associated with HurryOut, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, HurryOut’s endorsement of user published Content. HurryOut does not vouch for the accuracy or credibility of any user published Content on our Web Site, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published Content on our Web Site. Through your use of the Web Site and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Web Site, you assume all associated risks.
17. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
18. Force Majeure. Neither HurryOut nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
20. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HURRYOUT, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER HURRYOUT, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HURRYOUT OR THROUGH HURRYOUT WEB SITE, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
21. LIMITATIONS OF LIABILITY. HurryOut does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL HURRYOUT, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT HURRYOUT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL HURRYOUT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US $25.00)
22. Indemnity. You agree to defend, indemnify and hold HurryOut and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to HurryOut; or (vi) any other party’s access and use of the Web Site with your unique username, password or other appropriate security code.
23. Release. In the event that you have a dispute with one or more other users of the Web Site, you release HurryOut (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not guarantee continuous, uninterrupted or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control.
26. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Web Site, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Web Site. HurryOut has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site. HurryOut has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of HurryOut or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the Web Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is
999 N Northlake Way Suite 302
Seattle, WA 98103
Please provide the following notice:
1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the Web Site that you claim is infringing, with enough detail so that we may locate it on the Web Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on our Web Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
27. Entire Agreement. These terms and conditions are the entire agreement between the user and HurryOut and supersede any prior understandings or agreements (written or oral).
29. Copyright Notice. All Site design, graphics, text selections, arrangements, and all software are Copyright © 2011-2012, HurryOut LLC and its licensors. ALL RIGHTS RESERVED.