Terms of Service (“Terms”)
Last updated: 2022.11.24
Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the Hoozin.co website, mobile applications, or related services (together, or individually, the “Service”) operated and owned by Hoozin Technology, Inc. (“Hoozin Technology,” “Hoozin,” “us,” “we,” or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.
App End User License Agreement
Subject to these Terms, we grant you a limited, non-exclusive, and nontransferable license (the “License”) to download, install and use the Service for your personal use on a single device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Terms.
You shall not (a) copy the Service, except as expressly permitted by the License; (b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Service; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Service or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service, including any copy thereof; or (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service, or any features or functionality of the Service, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time.
You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Terms of Service. We and our licensors and service providers reserve and shall retain our entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion without notice. In addition, we reserve all rights legally available to us (including, but not limited to, action against a user) in the event that any user deliberately provides inaccurate, incomplete or obsolete information, or attempts to manipulate the Service by any means. We will not be liable if for any reason all or any part of the Service is unavailable at any time for any period.
Collection and Use of Information
You acknowledge that when you download, install, or use the Service, we may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device (including your location information) and about your use of the Service.
You may (when and as applicable) need to register for an account and use your credentials from a third-party social media or other platform (i.e., payment processor), to access some or all of our Service. By downloading, installing, using and accessing the Service, you consent to our use of your username and other information (such as your friends or contacts) from those accounts. These other third parties have their own privacy policies, which we encourage you to read before providing your information through them.
The Service assumes all information provided by you or any other user is accurate, complete, and current at all times. We do not independently authenticate, validate the accuracy of (or completeness of) any information provided to us by you or any other user. In no event shall we be liable with respect to any inaccurate, incomplete, or obsolete information provided or published by any user on the Service.
By using the Service, you agree to provide accurate and complete information at all times, including but not limited to updating the information related to your event.
You agree to defend, indemnify and hold harmless Hoozin Technology and its licensees and licensors, and their employees, contractors, agents, affiliates, successors, assigns, and officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use or misuse and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content (as defined below) posted or made available on the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, except, for clarity, with respect to your use of the Service.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services (including Vendor Services) may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
User Code of Conduct
In connection with using or accessing our Service you will not:
Post, list or upload content or items in inappropriate categories or areas on our sites;
Breach or circumvent any laws, regulations, third-party rights or our systems, Service, policies, or determinations of your account status;
Use our Service if you are under 18 years old, or are temporarily or indefinitely suspended from using our Service, or are a person with whom transactions are prohibited under economic or trade sanctions;
Use our Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in anyway by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To upload, use, or re-use any material that is considered prohibited content as set out in these Terms of Service;
To impersonate or attempt to impersonate Hoozin, a Hoozin employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
Fail to deliver items sold by you or fail to complete the underlying transactions, unless you have a valid reason; for example, the buyer fails to comply with the posted terms in your listing (e.g. fails to ship an item or provide a service) or you cannot contact the buyer;
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
Post or invite users to an event that is illegal, offensive, or violates and/or harms any third parties rights;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
Distribute viruses or any other technologies that may harm Hoozin or the interests or property of users;
Harvest or otherwise collect information about any users without their consent;
Circumvent any technical measures used to provide our Service; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm other users of the Service.
If we believe you are abusing our Service in any way, listed on any federal or state law enforcement watch list or, in violation of any applicable law, rules, terms and conditions, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to our Service, delay or removed hosted content, remove, not display, and/or demote listings, and take technical and/or legal steps to prevent you from using our Service. In addition, we reserve all rights legally available to us (including, but not limited to, action against a user) in the event that any user deliberately provides inaccurate, incomplete or obsolete information, or attempts to manipulate the Service (including by initiating a charge back for no valid reason) by any means.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Service to anyone for any reason at our discretion.
Hoozin allows users to post and invite individuals to user-generated and/or user-hosted events on the Service, but Hoozin is not the sponsor or provider of the events and makes no representations or warranties and has no control over the quality or availability of any events offered on the Service or the accuracy of the descriptions of the events. To the extent you choose to participate in or attend the events, you do so at your own risk.
Should you post, link, store, share and otherwise make available certain information (including as a vendor, information related to an event or service you wish to sell), text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Hoozin has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Hoozin or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You must comply with all applicable laws and this Terms of Service. Below is a list of categories of items that are prohibited on our site:
Offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
Exploitation or endangerment of minors; child or adult nudity or pornography
False, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
Offensive, obscene, defamatory, threatening, or malicious postings or email
Anyone’s personal, identifying, confidential or proprietary information
Spam; miscategorized, overposted, cross-posted, or nonlocal content
Postings or email the primary purpose of which is to drive traffic to a website
Postings or email offering, promoting, or linking to unsolicited products or services
Affiliate marketing; network, or multi-level marketing; pyramid schemes
Any good, service, or content that violates the law or legal rights of others
We have the right to:
Remove or refuse to post any Content for any or no reason in our sole discretion.
Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service, or could create liability for Hoozin.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS HOOZIN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at email@example.com.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Hoozin and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Hoozin.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or Mobile Device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
Modify copies of any materials from the Service.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Service.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Hoozin.
Hoozin has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Hoozin shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or contact us via email at firstname.lastname@example.org.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
In no event shall Hoozin, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
By using the Service, you acknowledge and agree that the Services is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose of merchantability. Without limiting the foregoing, Hoozin does not warrant that the (i) Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or the representations of the organizer, and (v) any errors in the Service will be corrected.
Organizers, and not Hoozin, are solely responsible for hosting, promoting, planning and conducting the events. By using the Service, you acknowledge and agree that in no event shall Hoozin be liable to any user, person, and/or entity (including but not limited to organizers and registrants) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of any event, fraudulent claims made by any organizer or seller or the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if Hoozin has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
By using the Service, you acknowledge and agree (i) to use caution when attending or participating in any event, (ii) that Hoozin does not screen, vet, or otherwise endorse any event, and (iii) that Hoozin cannot be, and is not, responsible for safety at any event.
You understand that we do not manufacture, store, or inspect any of the items sold through our Service. We provide, the venue; any items in Hoozin are listed and sold directly by independent organizers and sellers, so we cannot and do not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the organizer or seller of the item. You release us from any claims related to items or services (including any Vendor Services) sold through our Service, including defective items, misrepresentations by organizers or sellers, or items that caused physical injury (like product liability claims).
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, course of performance and any warranties arising out of course of deal or usage of trade.
Hoozin, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Service will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL DUE TO YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOOZIN NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, HOOZIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Returns, Refunds & Exchanges
Because the Service is merely a marketplace for organizers and registrants, Hoozin has no obligation to provide and/or offer refunds for any purchases made through the Service. Organizers may set their own refund and cancellation policies for their registrants. Registrants who paid for an event must contact the organizer directly for refund and cancellation requests and related information; requests made to Hoozin will not be processed. UNDER NO CIRCUMSTANCE WILL HOOZIN BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN ORGANIZER AND REGISTRANT. Organizers and registrants will not be refunded any service charges or credit card processing fees even in the event of refunded tickets, fraudulent transaction, or any other circumstance whatsoever.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
The Content and Service are based in the state of California in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Service outside of the United States and that access thereto may not be legal by certain persons or in certain countries. You may not use or access the Service if you are located outside the United States.
Waiver and Severability
No waiver by Hoozin of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hoozin to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about this Terms of Service, please contact us via email at email@example.com.