As a global Community platform, HauloverNudeBeach.com is deeply committed to supporting and protecting freedom of speech. At the same time, we draw lines around a few narrowly defined but deeply important categories of content and behavior that jeopardize our users, threaten our infrastructure, and damage our community.
What HauloverNudeBeach.com is for:
HauloverNudeBeach.com celebrates creativity. We want you to express yourself freely and use HauloverNudeBeach.com to reflect who you are, and what you love, think, and stand for.
What HauloverNudeBeach.com is not for:
- Terrorism. We do not tolerate content that promotes, encourages, or incites acts of terrorism. That includes content which supports or celebrates terrorist organizations, their leaders, or associated violent activities.
- Hate Speech. Do not encourage violence or hatred. Do not post content for the purpose of promoting or inciting the hatred of, or dehumanizing, individuals or groups based on race, ethnic or national origin, religion, gender, gender identity, age, veteran status, sexual orientation, disability, or disease. If you encounter content that violates our hate speech policies, please report it.Keep in mind that a post might be mean, tasteless, or offensive without necessarily encouraging violence or hatred. In cases like that, you can always block the person who made the post—or, if you are up for it, you can express your concerns to them directly, or use HauloverNudeBeach.com to speak up, challenge ideas, raise awareness or generate discussion and debate.
- Harm to Minors. Do not post or solicit content that features the abuse of a minor, that includes suggestive or sexual content involving a minor or anyone that appears to be a minor, or that facilitates or promotes child sexual abuse. “Content” may include photos of real individuals, illustrations, animation, or text. Posting or re-blogging child sexual abuse material is a serious crime for which we have no tolerance. We report all such instances to child protection organizations and law enforcement around the world, including the National Center for Missing and Exploited Children.
- Promotion or Glorification of Self-Harm. Do not post content that actively promotes or glorifies self-harm. This includes content that urges or encourages others to cut; or injure themselves; embrace anorexia, bulimia, or other eating disorders; or commit suicide rather than, e.g., seeking counseling or treatment, or joining together in supportive conversation with those suffering or recovering from depression or other conditions. Dialogue about these behaviors is incredibly important and online communities can be extraordinarily helpful to people struggling with these difficult conditions. We aim for HauloverNudeBeach.com to be a place that facilitates awareness, support and recovery, and we will remove only those posts or blogs that cross the line into active promotion or glorification of self-harm.
- Adult Content. As a nudist/naturist Community Platform we encourage the posting of content including images, videos, GIFs, or illustrations depicting the non-sexualized nude human body in all its glory. Do not upload any content, including images, videos, GIFs, or illustrations, that depicts sex acts, including masterbation, erect penis, or closeups of genatalia posted with the intent to solicit a sexual response from the viewer.
- Violent Content and Threats, Gore and Mutilation. Do not post content which includes violent threats toward individuals or groups – this includes threats of theft, property damage, or financial harm. Do not post violent content or gore just to be shocking. Do not showcase the mutilation or torture of human beings, animals (including bestiality), or their remains. Do not post content that encourages or incites violence or glorifies acts of violence or the perpetrators.
- Non-Genuine Social Gesture Schemes. Do not participate in schemes to drive up non-genuine Follows, Likes, Re-blogs, etc. Do not orchestrate or engage in “follow trains”, where users are encouraged to follow lists of other users to gain more followers for themselves. Do not make bulk or indiscriminate use of messaging features, like Fan Mail or Asks, to, for example, bait Re-blogs/Follows or drive traffic to your blog or website. If you want people to like you, just play it cool and be yourself.
- Deceptive or Fraudulent Links. Do not post deceptive or fraudulent links in your posts. This includes giving links misleading descriptions, putting the wrong “source” field in a post, setting misleading click-through links on images, or embedding links to interstitial or pop-up ads.
- Misattribution or Non-Attribution. Make sure you always give proper attribution and include full links back to original sources. When you find something awesome on HauloverNudeBeach.com, re-blog it instead of reposting it. It is less work and more fun, anyway. When re-blogging something, DO NOT inject a link back to your blog just to steal attention from the original post.
- Username/URL Abuse or Squatting. HauloverNudeBeach.com’s usernames/URLs are meant for the use and enjoyment of all of our users. Do not squat, hoard, amass, accumulate, accrue, stockpile, rack up, buy, trade, sell, launder, invest in, ingest, get drunk on, cyber with, grope, or jealously guard HauloverNudeBeach.com usernames/URLs.
- Account Dormancy. Use HauloverNudeBeach.com! Use HauloverNudeBeach.com all the time! Or at the very least, use HauloverNudeBeach.com once a year. If you do not, we may mark your account as dormant. Your content will not go anywhere—it will be archived exactly as you left it—but your URL(s) will be released for someone else to use.
- Mass Registration or Automation. Do not register accounts or post content automatically, systematically, or programmatically.
- Unauthorized Contests, Sweepstakes, or Giveaways. Please follow our guidelines for contests, sweepstakes, and giveaways.
- Themes Distributed by Third Parties. To ensure the safety and stability of our blog network, it is important that themes are distributed through HauloverNudeBeach.com.com/themes. It is easy, it is secure, and any interested developer can use it to host and promote their work. Besides the inconvenience involved in using them, third-party theme repositories are often used to inject nefarious code that subjects users to spam, ads, or phishing attacks. Do not use them. Creating blogs or directories that curate themes from HauloverNudeBeach.com.com/themes is okay.
- Copyright or Trademark Infringement. Respect the copyrights and trademarks of others. If you aren’t allowed to use someone else’s copyrighted or trademarked work (either by license or by legal exceptions and limitations such as fair use), don’t post it.Intellectual property is a tricky issue, so now is as good a time as any to explain some aspects of the process we use for handling copyright and trademark complaints. We respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act; please see our DMCA notification form to file a copyright claim online. Please note that we require a valid DMCA notice before removing content. Parties asserting a trademark infringement claim should identify the allegedly infringing work and the legal basis for their claim and include the registration and/or application number(s) pertaining to their trademark. Each claim is reviewed by a trained member of our Trust and Safety team.If we remove material in response to a copyright or trademark claim, the user who posted the allegedly infringing material will be provided with information from the complainant’s notice (like identification of the rightsholder and the allegedly infringed work) so they can determine the basis of the claim.
We always want to make sure there is room in any copyright or trademark complaint for both parties to make their case. About copyright claims, the posting user can file a DMCA counter-notification with us, as described in our Terms of Service. Counter-notifications that we determine to be valid will result in restoration of the content at issue following the required waiting period prescribed by the DMCA. About trademark claims, the posting user can send us an appeal explaining their side of the situation, along with any relevant materials we should look at. A successful trademark appeal will also result in restoration of the content at issue.
With regard to repeat copyright infringement, we use a three-strike system to evaluate the standing of a user’s account, where, generally, each valid copyright infringement notice constitutes a strike, and three strikes results in the termination of a user’s account. When a user submits a valid DMCA counter-notification, we remove the associated strike from their record.
Whew. It is a complex process, but one we are proud of, and that we think strikes all the appropriate balances.
- Impersonation and Non-Genuine Behavior. Do not do things that may cause confusion between your blog and another person, organization, or company, like registering a deliberately confusing URL or pretending to be a celebrity or an elected official. Do not impersonate anyone. While you are free to ridicule, parody, or marvel at the alien beauty of Benedict Cumberbatch, you cannot pretend that you are actually Benedict Cumberbatch.
- Harassment. Do not engage in targeted abuse, bullying, or harassment. Do not engage in the unwanted sexualization or sexual harassment of others. If someone is sending you unwanted messages, or re-blogging your posts in an abusive way, we encourage you to be proactive. Report them and block the hell out of them. And if someone blocks you, do not attempt to circumvent the block feature or otherwise try to communicate with them.
- Privacy Violations. Do not use HauloverNudeBeach.com to deceptively obtain personal information. Do not post content that violates anyone’s privacy, especially personally identifying or confidential information like credit card numbers, social security numbers, or unlisted contact information. Absolutely do not post non-consensual pornography—that is, private photos or videos taken or posted without the subject’s consent.
- Disruptions, Exploits, or Resource Abuse. Our servers, and the valiant engineers behind them, work hard for you. Don’t attempt unauthorized use, disruption, or exploitation of HauloverNudeBeach.com.com or our other products and services, or otherwise abuse HauloverNudeBeach.com’s resources.
- Unlawful Uses or Content. Do not use HauloverNudeBeach.com to conduct illegal behavior, like fraud or phishing. That should be obvious to you, a decent human being. Do not use HauloverNudeBeach.com for any kind of exchange of regulated drugs, substances, devices, goods, or weapons. Do not use HauloverNudeBeach.com to buy them, sell them, trade them, or to share instructions for manufacturing them. This includes firearms, firearm parts, 3D-printed firearms or parts, explosives, ammunition, or anything else designed to hurt others.
- Election Integrity. You may not use HauloverNudeBeach.com to defraud nor impede the integrity of the United States Census or local, regional, or national public office elections. Bottom line: do not create or promote content designed to suppress, intimidate, or confuse voters or U.S. census participants. This includes spreading false information about how to vote, when to vote, or where to vote.
- Human Trafficking and Prostitution. Don’t use HauloverNudeBeach.com to facilitate sex trafficking, other forms of human trafficking, or illegal prostitution. If you see this activity on HauloverNudeBeach.com, report it, and encourage victims to contact law enforcement or the National Human Trafficking Hotline at 1-888-373-7888.
If we conclude that you are violating these guidelines, you may receive a notice via email. If you do not explain or correct your behavior, we may take action against your account. Repeat violations of our Community Guidelines may result in permanent blog or account suspension. We do our best to ensure fair outcomes, but in all cases, we reserve the right to suspend accounts, or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, and community. We reserve the right to enforce, or not enforce, these guidelines in our sole discretion, and these guidelines do not create a duty or contractual obligation for us to act in any particular manner.
You can report violations of these guidelines to us directly – Click Here
Terms of Submission:
(Revised: July 7, 2021)
Note: If you’re under 18, please make sure that your parent or guardian has read and agreed to these terms before you submit photos, text, or other content or information to HauloverNudeBeach.com.
- All photos, text, and other content or information submitted by you to HauloverNudeBeach.com shall become the property of HauloverNudeBeach.com, and HauloverNudeBeach.com shall have no obligation to preserve, return, or otherwise make available to you or other people any photos or information so submitted.
- You understand that because HauloverNudeBeach.com becomes the owner of all photos, text, and other content or information submitted by you, HauloverNudeBeach.com and its officers, directors, employees, successors, and assigns may use, reproduce, edit, display, transmit, modify, publish, prepare derivative works of, and otherwise make use of the submitted photos, text, and other content or information in any and all media—whether now known or hereinafter created—throughout the world and for any purpose, without compensation to you of any kind.
- By submitting any photo, text, or other content or information to HauloverNudeBeach.com, you hereby represent and warrant that the submitted photo, text, or other content or information does not infringe on any copyright or trademark, any rights of privacy or publicity of any person, or any other right of any third party. You hereby represent and warrant that you have the right to transfer the photo, text, or other content or information to HauloverNudeBeach.com free and clear of any claims or encumbrances.
- You acknowledge and agree that HauloverNudeBeach.com shall have no obligation to post, display, or otherwise make publicly available any photo, text, or content or other information submitted by you.
- You further understand and intend that any photo, text, and other content or information submitted by you to HauloverNudeBeach.com may be available for viewing, rating, reviewing, and commenting by the public. You understand that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with any photo, text, or other content or information that you submit to HauloverNudeBeach.com. By submitting any photo, text, or other content or information to HauloverNudeBeach.com, you hereby waive any privacy expectations that you may have with respect to any such photo, text, or other content or information submitted by you to HauloverNudeBeach.com.
- You hereby agree to hold HauloverNudeBeach.com and its officers, directors, employees, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with HauloverNudeBeach.com’s use of the photos, text, or other content or information submitted by you to HauloverNudeBeach.com and used in any manner in HauloverNudeBeach.com’s sole and absolute discretion.
HauloverNudeBeach.com brings together a diverse community of millions of people to discover a variety of live experiences around the globe. The integrity of our platform is something we take very seriously, and we are committed to operating it in a safe, secure, legal, and respectful way. That is why we developed these Community Guidelines to describe the types of events, activities, and content that we encourage-and prohibit-on HauloverNudeBeach.com.
HauloverNudeBeach.com is a place where anyone can create or find live experiences that fuel their passions. As both an organization that cares about diversity of thought and a global platform that fosters a vibrant community, we are committed to providing a safe, well-lit environment for live experiences. We may not agree with every view or opinion expressed at every event, but we strongly believe in the fundamental right to free speech and assembly. To help you understand what is acceptable on HauloverNudeBeach.com and what crosses our line, we created this set of Community Guidelines:
- Create Events of All KindsWhether you are interested in wine, email marketing, dance, coding, or nearly anything else-you’re free to create events that bring your community together.2. Share Respectful, Celebratory Content
We highly encourage the use of content that celebrates different cultures, countries, and voices. Express yourself and inspire our community with your unique perspective and insight.
3. Post Self-Generated or Properly Obtained Content
You are welcome to use content in your event listing that you’ve created yourself, or procured appropriately, provided that it is not hateful or explicit in nature, or otherwise in violation of these Guidelines. This includes photos, videos, logos, and copy.
4. Sell Event-Related Merchandise
Feel free to sell event-related merchandise or accommodations in tandem with your event tickets and registrations. Just make sure you are staying within legal rules associated with those items, and only sell merchandise that you’ve created or has been licensed or properly made available to you, and therefore your event attendees, for your advertised purpose.
5. Facilitate Safe Events
Be sure to implement appropriate measures to provide a safe and secure experience for your attendees.
You may not use HauloverNudeBeach.com to post content or engage in any conduct that is (in our sole evaluation) offensive, harmful, or inappropriate for general audiences, or that we believe constitutes or is likely to encourage or promote any harmful, violent, or illegal activity or outcome. Below, you will find more information about the types of activities, events, and content that are not permitted on or through the HauloverNudeBeach.com Services.
1. Don’t Promote Illegal or Inappropriate Activities
HauloverNudeBeach.com may not be used to facilitate harmful or criminal activity of any kind. You may not create or promote events on the HauloverNudeBeach.com Services that constitute or promote any of the following, as determined by HauloverNudeBeach.com:
- Explicit sexual activity (including escort services), or pornography,
- Illegal gambling activity (whether illegal under any U.S. federal or state law, or non-U.S. law),
- Sale or ingestion of illegal drugs, other illegal substances, or nutraceuticals,
- Cannabis or cannabis-infused products (including CBD) provided for free, for sale by the Organizer, or as part of the ticket purchase (including free samples, infused food/beverage, gift bags, product discounts, and giveaways), attendee sharing of cannabis, teaching how to grow or extract cannabis (including infused cooking classes), or dispensary tours (this is due to regulations at the federal level, and this policy applies even in locations where cannabis is legal),
- Activities that principally promote any other commercial product or service, such as an “infomercial,” unless such promotion is expressly indicated to users in a legally sufficient way, such as through a prominent “Advertisement” disclosure,
- Unauthorized multi-level marketing businesses,
- Credit repair services,
- Raffles, sweepstakes, or giveaways that are not part of a live event listed on HauloverNudeBeach.com or that are otherwise prohibited by law.
- Listings promoting the sale or distribution of any goods or services not directly related to a live event listed on HauloverNudeBeach.com,
- Activities that demean, harass, intimidate, threaten or express hatred toward any societal group, whether based on race, ethnicity, religion, national origin, gender identity, sexual orientation, disability, age, or veteran status,
- Sale, distribution (including raffles, auctions, giveaways), unlawful use, or trade shows of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury,
- Terrorist activity or organized criminal activity.
- Don’t Post Hateful/Dangerous Content, or Events By Hateful/Dangerous OrganizationsHauloverNudeBeach.com does not permit on our platform content or organizations that promote or encourage hate, violence, or harassment towards others and/or oneself. Specifically, we prohibit content or organizations that promote hate towards or the harassment of individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity. This prohibition extends to the public promotion of this type of prohibited behavior whether or not specific to the event or content appearing as part of the Services.3. Don’t Post Harmful or Illegal Content
We expect you to respect the individuals, organizations, and groups that are a part of the HauloverNudeBeach.com community. You may not distribute any written or other content through the HauloverNudeBeach.com Services that:
- Impersonates any person or entity, including without limitation any governmental officials or public figure; falsely states or otherwise misrepresents your affiliation with any person or entity; or expresses or implies that HauloverNudeBeach.com endorses any statement you make without express written approval to do so,
- Promotes or encourages hate or dangerous content (as we’ve also described above),
- Defames or libels any other person,
- Invades any person’s privacy, or contains a person’s likeness without their permission,
- Harasses, threatens or seeks to intimidate any person (also described above),
- Promotes potentially harmful misinformation or intentionally deceptive disinformation,
- Is fraudulent, deceptive or tortious, or
- Is protected by copyright, trademark or trade secret law, unless you have the express prior written consent of the owner of such right.
- Don’t Resell Tickets, Engage in Prohibited Sales or AdvertisingHauloverNudeBeach.com is a platform for authorized ticket sellers to offer tickets to their own events to, or solicit donations to their own causes surrounding the promotion of an event from, the public. The platform may not be used to resell tickets, sell physical goods (see exception), administer raffles, sweepstakes, contests or games of chance of any nature, or otherwise facilitate the sale of anything other than a ticket for your own event (exception: merchandise or accommodations that have been added as an option in tandem and associated with an event ticket/registration). You may not use the HauloverNudeBeach.com Services to:
- Collect or extract any information from the Services for any commercial purpose, such as to resell information (whether personal or other information), or create a new dataset or service, or
- Post or transmit any unsolicited advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” survey, investment opportunity, or any other form of commercial solicitation (except for sponsored events themselves).
- Don’t collect children’s data without parental consentIf you are organizing an event where children under the age of 16 may attend, our policy is that the parent or legal guardian must register the minor and/or purchase the ticket on their behalf. You may not use our tools or Services to collect data directly from children under the age of 16.6. Don’t Interfere with the HauloverNudeBeach.com Services
To maintain the security and integrity of the HauloverNudeBeach.com Services, you may not do any of the following:
- Interfere with or disrupt the operation of the HauloverNudeBeach.com Services or the servers or networks used to make the Services available,
- Post, transmit through or release into the HauloverNudeBeach.com Services a virus, worm, Trojan Horse, time bomb, spyware, rootkit, cancelbot, or other computer code, file, or program that is harmful or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment,
- Access, or program any technology to access the Services through any robot or “bot,” crawling or scraping technology, or other extraction technology (for any purpose), or
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
- Don’t Infringe on the Intellectual Property Rights of OthersYou may not upload or distribute content on HauloverNudeBeach.com that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). This includes, but is not limited to, all images, logos, videos, and text uploaded on your event listing. Additionally, you may not do the following on the HauloverNudeBeach.com Services:
- Remove any copyright, trademark or other proprietary rights notice from the Services or any material displayed by the Services, or
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion or aspect of the Services.
If you have identified an unauthorized use of your intellectual property on HauloverNudeBeach.com, send an email to: firstname.lastname@example.org
8. Don’t Invade the Privacy of Others
Be thoughtful and careful about the kind of information you ask for. You may not use HauloverNudeBeach.com to collect credit card numbers, social security numbers, financial information, or other sensitive information not absolutely necessary for the administration of your event, and not available for collection through alternative methods.
9. Don’t Post Explicit Content
HauloverNudeBeach.com is not a place for pornography, or for explicit, violent and/or graphic content. This applies to all content on our site, including images, videos, and descriptions. We understand that not all nudity is pornographic, and that certain graphic content may be necessary to emphasize the nature of an event on our Services. We encourage the posting of non-sexual nudity but we will remove content that is pornographic in nature, or is intended to celebrate violence or primarily to shock the viewer. Beyond this, we may choose to remove or make certain content private to ensure a general level of safety and appropriateness for the majority of the community.
How to Flag and Process for Review
Our goal is to promote a safe and respectful community. If you learn of any listing or content that may violate these Community Guidelines or our Terms of Service, please contact us right away, or in the case of an event. We will review each report, and depending on the nature of the report, we may or may not follow up with you. It’s also important to remember that HauloverNudeBeach.com encourages a diverse, global community; content that you find offensive or controversial may not violate our Community Guidelines, and not result in your desired action. We truly value your feedback and the opportunity to hear from our community.
Violations of our Community Guidelines
If we determine that the content violates our Community Guidelines, we may remove only the relevant content, we may take down the entire event listing, or take alternative action that HauloverNudeBeach.com determines to be appropriate given the circumstances surrounding the content. If the abuse of our Services is serious and severe (in our sole evaluation), we may also suspend or terminate the associated HauloverNudeBeach.com account. Note that certain content, while not in violation of our Community Guidelines, may not be appropriate for the majority of our community. In these cases, we may decide to make the content private or otherwise reduce its distribution.
If we believe there is a legitimate risk of physical harm to someone or a group of people, or direct threats to public safety, we not only take action on our site, but will also work with law enforcement, as appropriate and at our discretion. This includes issuing reports of child sexual abuse material to authorities such as the National Center for Missing and Exploited Children. If you or someone you know is in immediate danger as a result of content posted on HauloverNudeBeach.com, please first contact your local law enforcement agency. Once you’ve reported the issue to law enforcement, click here to report the issue directly to HauloverNudeBeach.com.
Events Merchant Agreement
- Our Merchant Agreement.
The following policy sets forth the terms and conditions upon which Organizers can use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event (this “Merchant Agreement”). By accepting the Terms of Service, you agree to the terms of this Merchant Agreement without modification and enter into a binding contract with HauloverNudeBeach.com, which will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for selling tickets and/or registrations to an event.
- Additional Registration Information.
3.1 Additional Information.
As part of the creation of a paid event or at any time following such creation, you may be required by HauloverNudeBeach.com to provide additional information (beyond the information required to register for the Services) about yourself, the entity you represent (if any) and the principals/beneficial owners of the entity you represent (if any) (collectively, “Additional Registration Data”). As an example, the Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, Tax Identification Numbers, date of birth, passport or drivers license number, country of origin, copies of government identification documents and other personal information. This information may be used to verify your identity, the validity and/or legality of your transactions and/or whether you qualify to use the Services for paid events. You agree to: (a) provide this information in a timely, accurate and complete manner and (b) maintain and promptly update this information in a timely manner to ensure it remains accurate and complete at all times.
3.2 Disclosure Authorization.
Organizer agrees that HauloverNudeBeach.com is permitted to share Registration Data (as defined in the Terms of Service), Additional Registration Data and information relating to your events and transactions on the Services with our Payment Processing Partners (as defined below), the Card Schemes (as defined below) and Alternative Form of Payment Frameworks (as defined below) and with your bank or other financial institution, in each case to the extent your transactions or events involve such third parties. In addition, you authorize HauloverNudeBeach.com to verify your Registration Data and Additional Registration Data and conduct due diligence on you through third parties, including third party credit reporting agencies.
3.3 Failure to Provide.
We reserve the right to suspend your HauloverNudeBeach.com account or to withhold any amounts due to you in the event that we reasonably believe that your Registration Data or Additional Registration Data is inaccurate or if you fail to provide all Registration Data or Additional Registration Data within the timeframes requested.
- Payment Methods; Payment Process.
(a) Payment Method.
“HauloverNudeBeach.com Payment Processing,” “EPP,” or the “EPP Service,” in which HauloverNudeBeach.com acts as Organizer’s limited payments agent for the purpose of processing Event Registration Fees using its Payment Processing Partners (as defined below).
Unless otherwise agreed by HauloverNudeBeach.com, Organizer agrees not to charge Consumers additional fees or other amounts in connection with one payment method where Organizer does not charge Consumers those fees or other amounts for all payment methods.
(b) HauloverNudeBeach.com’s Role.
For the avoidance of doubt, HauloverNudeBeach.com does not and will not provide banking, deposit taking, stored value, insurance or any other financial services to an Organizer other than, for Organizers who elect EPP, serving as a limited payments agent as set forth below. To provide the EPP Service, HauloverNudeBeach.com utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Organizers and HauloverNudeBeach.com are subject to the rules and regulations of such Payment Processing Partners. Additionally, in certain instances, for you to participate in the EPP Service, you must have entered into a separate agreement with our Payment Processing Partner (the “Payment Processor Agreement”). For convenience, HauloverNudeBeach.com shows you a balance of proceeds for your events in your HauloverNudeBeach.com account, however, that balance merely reflects the amount of Event Registration Fees collected by our Payment Processing Partners (EPP), and in the case of EPP, represents only a general unsecured claim against HauloverNudeBeach.com and not a store of value or a deposit/current account.
Upon an order being placed by a Consumer and confirmed through HauloverNudeBeach.com, HauloverNudeBeach.com generates a confirmation message and issues a unique confirmation number for such Consumer’s order. Organizer agrees to unconditionally accept, honor and fulfill all ticketing, registration, merchandise and donation commitments that have been confirmed by HauloverNudeBeach.com through the Services. Organizer agrees it is Organizer’s responsibility to verify a Consumer’s confirmation number and/or any event restrictions prior to the applicable event.
Organizer agrees to pay HauloverNudeBeach.com all applicable service fees for each ticket, registration or other item sold or donation solicited via the Services (the “HauloverNudeBeach.com Service Fee”). To the extent Organizer uses EPP, Organizer also agrees to pay HauloverNudeBeach.com the additional HauloverNudeBeach.com Payment Processing fee (the “HauloverNudeBeach.com Payment Processing Fee”) for each ticket, registration or other item sold or donation solicited via the Services. The HauloverNudeBeach.com Service Fee and the HauloverNudeBeach.com Payment Processing Fee vary by country and processing currency. The current fees are $1.00+2% per ticket (+3% credit card processing fee). Note that these fees are subject to change from time to time with respect to transactions that occur following the change.
The HauloverNudeBeach.com Service Fee, the HauloverNudeBeach.com Payment Processing Fee are referred to herein as the “Fees.” In addition to such Fees, HauloverNudeBeach.com may also charge you, at HauloverNudeBeach.com’s standard rates, for research, including, but not limited to,
- research required to respond to any third party or government subpoena, levy or garnishment on your account, and
- research and activities necessary to verify and execute any payee change, whether pursuant to the Uniform Commercial Code (as discussed further below) or court order.
HauloverNudeBeach.com may charge various fees to Consumers that are not passed on to Organizers, related to ticket sales, processing, handling, and access to various HauloverNudeBeach.com content and services. We have sole discretion to set and assess such fees.
4.2 HauloverNudeBeach.com Payment Processing.
If you have requested EPP, then upon receipt of Additional Registration Data and if applicable your separate acceptance of the Payment Processor Agreement, HauloverNudeBeach.com will determine, in its discretion (which may be based on input from our Payment Processing Partners), whether you are qualified to use EPP. If you are not qualified to use EPP, but you are otherwise qualified to use the Services, HauloverNudeBeach.com will notify you and you may switch to FPP unless the reason that you do not qualify for EPP is that your event is a Prohibited Event, you are a Prohibited Merchant and/or your transactions are Prohibited Transactions, in each case as such terms are defined in Section 5 of this Merchant Agreement. For risk management and security reasons and to meet the requirements imposed by our Payment Processing Partners, we may from time to time in our discretion impose a transaction limit on the amount of any given transaction that you process through EPP and you authorize us to reject any transaction over that limit. We may also from time to time in our discretion impose a reserve requirement on you under Section 4.2(f).
(b) Payment Process.
When using EPP, payment processing occurs directly through our Payment Processing Partners, and you understand and agree that within five (5) business days after the successful completion of an event, HauloverNudeBeach.com will on your behalf cause our Payment Processing Partners to pass along to you all Event Registration Fees related to such event that have been processed by our Payment Processing Partners, subject to
- deduction of all applicable Fees then due;
- our right of setoff against any debts or other amounts owed to us or any of our Affiliates by you or any of your Affiliates under this Merchant Agreement, the Terms of Service or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates;
- any other deductions authorized pursuant to this Merchant Agreement; and
- any reserves established as set forth in subsection (f) below.
Such payouts will be made only to the payout information designated by Organizer on the Services under “Payments & Payouts.” Payouts are made by ACH, or for Organizers with Event Registration Fees in USD only, by check to an address in the United States or Canada. In addition, EPP may allow you to accept payments from card based payment networks, such as Visa®, MasterCard®, American Express® and Discover® (collectively, the “Card Schemes”), and non-card based payment networks such as direct debit and other alternative forms of payment (the “Alternative Form of Payment Frameworks”). Except to the extent that the Commercial Entity Agreement (as defined below) is applicable to you, and notwithstanding the Payment Processor Agreement you may have entered into with our Payment Processing Partner, or a Card Scheme, you are not a direct party to any agreement with any Payment Processing Partner, Card Scheme or Alternative Form of Payment Framework, nor are you a third party beneficiary of any such agreement. In addition, by accepting a particular Card Scheme payment type (e.g., MasterCard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time. You agree that, regardless of the delivery option used by HauloverNudeBeach.com to make a payout to you, you will not request or use any information related to that payout method (including, but not limited to, any check or check information) for any purpose that you know or should know to be fraudulent, erroneous or otherwise in violation of this Merchant Agreement.
You understand and agree that you are responsible for maintaining the security of and control over any check issued to you under the Terms of Service, including this Merchant Agreement. If a check we issue to you is lost, stolen, or otherwise fraudulently or erroneously obtained or presented, you agree that you are responsible for any and all losses arising from the loss, theft, or misuse of the check. You agree that we are entitled to pay any check issued to you under the Terms of Service, including this Merchant Agreement, regardless of who presents the check for payment and regardless of whether the check was lost, stolen, or otherwise fraudulently or erroneously obtained or presented. To the maximum extent permitted by applicable law, and in addition to other limitations of liability set forth in the Terms of Service, including this Merchant Agreement, you agree that we will not be liable for any check we provide to you, or any loss arising therefrom, that is lost, stolen, fraudulently, or erroneously obtained, endorsed, cashed, or deposited.
You agree to reimburse us for all claims, losses, costs, and damages we incur regarding any check issued to you, and you agree to reimburse us for all claims, losses, costs, and damages we incur because the check is cashed or deposited more than once, resulting in duplicate payments.
For ACH transactions, if any bank account number you provide to us, including a bank account number you provide as part of your Additional Registration Data, is inaccurate, you agree that we are still entitled to make payment to that account number, even if the bank account is not owned by you. You agree that we may rely solely on the bank account number you provide to us as the proper identification of your bank account, even if the bank account number identifies a different account from your account. You also agree to reimburse us for any losses or expenses we incur as a result of our reliance on any bank account number you provide to us.
You agree that we may, from time to time, in our sole discretion, without notice to you,
- setoff against your or your Affiliate’s reserve as defined under Section 4.2(f),
- setoff against any Event Registration Fees you receive and any other fees for Services provided to you or any of your Affiliates by HauloverNudeBeach.com or any of its Affiliates (including for any HauloverNudeBeach.com fees or any other amounts you owe to HauloverNudeBeach.com under this Merchant Agreement, the Terms of Service, or any other agreement between you and us), or both (a) and (b), based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in your or your Affiliate’s credit profile or the underlying event(s)’ risk profile, fraudulent conduct by you, any of your Affiliates or anyone acting on your behalf, or breaches of the Terms of Service or any other agreement between Organizer and HauloverNudeBeach.com, including this Merchant Agreement or any other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates.
We may exercise such setoff rights before we make any payout, whether by check or by ACH, to you. We are not liable to you for any claims resulting from our decision to exercise our setoff rights. We may also exercise any of our rights and remedies under Section 4.4 of this Agreement regarding recovery of such amounts due and owing to us from you.
You understand that we may also debit your Event Registration Fees if HauloverNudeBeach.com is served with legal process seeking to attach or garnish any of your funds or property in HauloverNudeBeach.com’s possession.
You also understand that, as provided under Section 9-406 of the Uniform Commercial Code, we may be required, upon receipt of a notice of assignment and payment direction from your secured party (lender), to pay all or a portion of your Event Registration Fees as directed by your secured party. If we receive such a notice and direction, we will, after deducting our fees and expenses of compliance as provided above, make payments to your secured party as so directed without notice to you.
(c) Appointment as Agent.
With respect to any events for which Organizer uses EPP, Organizer hereby appoints HauloverNudeBeach.com as Organizer’s limited payment agent for the purpose of facilitating the receipt of payments made by Consumers for such events through our Payment Processing Partners, and the disbursement of those payments to Organizer. Organizer agrees that a payment made by a Consumer that is processed by HauloverNudeBeach.com will be considered the same as a payment made by a Consumer directly to Organizer and Organizer will sell or provide all advertised goods and services to the Consumer as if Organizer had directly received the Event Registration Fees from such Consumer, regardless of whether the Event Registration Fees have yet to be or are ever received from HauloverNudeBeach.com. Organizer agrees that HauloverNudeBeach.com, in its role as limited payments agent, is authorized to
- enable Consumers to transfer or upgrade a ticket and/or registration (if such transfers are permitted by Organizer during the event registration process);
- hold, disburse and retain proceeds on Organizer’s behalf pursuant to this Merchant Agreement, or otherwise instruct our Payment Processing Partners to do so;
- issue refunds to Consumers as set forth in Section 4.3 below; and
- manage credit card chargebacks as set forth in subsection (g) below.
In accepting appointment as the limited agent of Organizer, HauloverNudeBeach.com assumes no liability for any acts or omissions of Organizer and Organizer understands that HauloverNudeBeach.com’s obligation to pay Organizer is subject to and conditional upon Consumers’ actual payment of Event Registration Fees. Organizer further authorizes HauloverNudeBeach.com to delegate its obligations under this Merchant Agreement to certain of its affiliated entities both within and outside the United States, provided, that HauloverNudeBeach.com will remain liable for the discharge of its obligations under this Merchant Agreement by such affiliated entities.
Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following the conclusion of the applicable event. HauloverNudeBeach.com, in its discretion, may determine to advance a portion of Event Registration Fees to Organizer prior five (5) business days after the successful completion of an event, on such terms and conditions set forth in
- this Merchant Agreement;
- the applicable agreement for Services entered into by you and HauloverNudeBeach.com; and/or
- such terms that Organizer and HauloverNudeBeach.com agree to in a separate agreement.
Organizer agrees that any payments made by HauloverNudeBeach.com of Event Registration Fees prior to the fifth (5th) business day after the end date of the successful completion of the applicable event are merely advances of amounts that may become due to Organizer under this Merchant Agreement. If HauloverNudeBeach.com decides to advance a portion of Event Registration Fees to Organizer, Organizer acknowledges and agrees that HauloverNudeBeach.com may at any time (x) terminate or suspend Organizer’s right to receive such advance payments; and/or (y) alter the terms (i.e. frequency, reserve rate and maximum aggregate cap) of such advance payments made to Organizer. In addition, Organizer agrees that HauloverNudeBeach.com may demand back such advances (or any portion thereof) from time to time in its discretion based upon the level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, changes in Organizer’s credit profile or the underlying event(s)’ risk profile, or breaches of the Terms of Service, including this Merchant Agreement. Upon receipt of notice of any such demand, Organizer will thereupon promptly pay back to HauloverNudeBeach.com the portion of any such advance demanded. Organizer acknowledges and agrees that HauloverNudeBeach.com has the right to withhold funds as set forth in Sections 4.2(b) and 4.4(a) of this Merchant Agreement. Organizer also acknowledges and accepts its obligations under Section 4.2(g) and 4.3(c) of the Merchant Agreement, including its obligations to reimburse HauloverNudeBeach.com for refunds and credit card chargebacks.
(e) Cancellations; Nonperformance.
No payments will be made to Organizer with respect to any event that is cancelled or with respect to which HauloverNudeBeach.com believes there is a risk of cancellation or nonperformance, unless HauloverNudeBeach.com receives adequate security (as determined by HauloverNudeBeach.com in its discretion) for Organizer’s obligations under this Merchant Agreement. HauloverNudeBeach.com may elect, but is not obligated, to issue full or partial payment to Organizer for a cancelled event after a stated period for refund requests has concluded, and for clarity, Organizer will remain fully responsible for Chargeback Costs (as defined below). In addition, no Event Registration Fees for a given event will be settled to Organizer until that event is successfully completed. If payments have already been settled to an Organizer for a cancelled event, Organizer will immediately refund to a payment address designated by HauloverNudeBeach.com all such payments upon cancellation of such event for the purpose of effecting refunds if refunds are being made under Section 4.3. You are responsible for complying with the requirements of Section 4.3 and the requirements of the Organizer Refund Policy Requirements which are in addition to and are incorporated into the Terms of Service by reference. If you do not remit funds due to HauloverNudeBeach.com that are sufficient to cover refunds due to Consumers for an event cancellation or nonperformance, including, but not limited to, any mandatory refunds under Section 4.3(c) below, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under these Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 4.3(f) and 4.4 of this Agreement.
(f) Reserves and HauloverNudeBeach.com Right of Setoff.
HauloverNudeBeach.com reserves the right to retain a certain percentage of Event Registration Fees and any other fees for Services provided to you or any of your Affiliates by HauloverNudeBeach.com or any of its Affiliates (with such percentage being determined by HauloverNudeBeach.com in its discretion) to fund a reserve
- at any time as we determine in our discretion to be necessary based upon the level (or expected level) of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud or changes in Organizer’s credit profile or the underlying event(s)’ risk profile; and
- as otherwise necessary to secure the performance of your obligations under the Terms of Service, including this Merchant Agreement, or to protect HauloverNudeBeach.com against fraudulent or erroneous activity.
HauloverNudeBeach.com’s right to hold a reserve will continue following the applicable event(s) and until either
- Organizer and any of its Affiliates have discharged all obligations under the Terms of Service or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates and the applicable periods for refunds, disputed charges, chargebacks, and complaints have passed or;
- Organizer and any of its Affiliates have otherwise provided HauloverNudeBeach.com or any of its Affiliates with adequate security (as determined by HauloverNudeBeach.com or its Affiliates in their discretion) for its obligations under the Terms of Service or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates, whether matured or unmatured, contingent or non-contingent, or liquidated or unliquidated.
Further, the reserve is subject to the right of setoff as set forth in Section 4.2(b). In the event that the exercise of our or our Affiliates’ setoff right does not fully cover the amount of funds due and owing from you or any of your Affiliates to us or any of our Affiliates under the Terms of Service or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates, including this Merchant Agreement, then such amount of funds will be deemed due and owing to us until you have satisfied the amount in full.
(g) Chargebacks; Reversals.
Any credit card chargebacks or other transaction reversals (“Chargebacks”) initiated against HauloverNudeBeach.com or its affiliates for any reason (except to the extent they are caused solely by HauloverNudeBeach.com’s negligence or willful misconduct) with respect to an Organizer’s event and all related credit card association, payment processing, re-presentment, penalty and other fees and expenses (together with the amount of Chargebacks, “Chargeback Costs”) incurred by HauloverNudeBeach.com or its affiliates in connection with such chargebacks will ultimately be the responsibility of Organizer, and Organizer agrees to promptly and fully reimburse HauloverNudeBeach.com for such amounts on demand. As part of HauloverNudeBeach.com’s activity as limited payments agent, HauloverNudeBeach.com will use commercially reasonable efforts to manage the re-presentment of such chargebacks and reversals on behalf of Organizer and Organizer hereby authorizes HauloverNudeBeach.com to do so and agrees to use reasonable efforts to cooperate with HauloverNudeBeach.com in such re-presentment. However, HauloverNudeBeach.com will have no obligation to re-present any chargeback that it believes in its discretion it is more likely than not to lose or that relates to a transaction that should be refunded in accordance with the Organizer’s refund policy or the provisions of Section 4.3(c) below. Understanding the nature of the Payment Scheme Rules (as defined below) and the discretion that they provide to the Card Schemes and Alternative Form of Payment Frameworks, both parties agree that HauloverNudeBeach.com’s loss of any chargeback that has been re-presented by HauloverNudeBeach.com will not in any way limit Organizer’s obligation to reimburse HauloverNudeBeach.com and its affiliates under this paragraph.
HauloverNudeBeach.com only provides the HauloverNudeBeach.com Payment Processing Service for certain currencies and for Organizers in certain locations. In addition, Event Registration Fees collected in a currency may only be paid out to Organizer in the currency in which they are collected. HauloverNudeBeach.com does not provide currency conversion services. Finally different payment options or payment methods may be available to you depending on the currency in which you collect Event Registration Fees and your location.
(i) Payment Scheme Rules.
The Card Schemes and Alternative Form of Payment Frameworks require that you comply with all applicable bylaws, rules and regulations published by them from time to time (collectively, the “Payment Scheme Rules”). We may be required to change this Merchant Agreement in connection with amendments to the Payment Scheme Rules. Depending on what payment methods you elect to use in EPP, you may be subject to different Payment Scheme Rules. You agree to comply with any applicable Payment Scheme Rules as in effect from time to time. These Payment Scheme Rules, include without limitation, a requirement to submit only bona fide transactions, limits on how you use the Card Scheme logos and trademarks and authorization to use certain of your information to show that you participate in the Card Schemes. The Payment Scheme Rules are publicly available from the websites of the related Card Schemes and Alternative Form of Payment Frameworks.
(a) Refund Policy and Process.
Organizer agrees to communicate a refund policy to Consumers with respect to each event posted on the Services. Organizer agrees:
- that such refund and such policy shall comply with the Organizer Refund Policy Requirements; and
- to administer such refund policy in accordance with its terms.
The Organizer Refund Policy Requirements are incorporated by reference into this Merchant Agreement. Refunds for EPP transactions must be processed through HauloverNudeBeach.com, unless
- The Consumer’s payment card account cannot accept the refund because the card issuer has declined the refund, in which case the Organizer must seek to complete the refund through alternative means pursuant to its refund policy; or
- otherwise agreed by HauloverNudeBeach.com.
For EPP transactions, the Organizer can issue refunds to Consumers directly through the Services within certain windows permitted by our Payment Processing Partners. If the refund is outside such windows, then it will need to be processed manually by HauloverNudeBeach.com or by the Organizer, as applicable. HauloverNudeBeach.com may determine in its sole discretion to not process any refunds that are manual, in which case they will be processed directly by the Organizer. Notwithstanding any features of the HauloverNudeBeach.com services that enable Organizers to process refunds through the HauloverNudeBeach.com platform, Organizer bears sole responsibility for refunds to Consumers associated with the Organizer’s event. Consistent with the Consumer Refund Policy Requirements, refunds that you are responsible for due to the cancellation or nonperformance of an event are subject to the following refund requirements:
- In the event of a full or partial event cancellation, Organizer agrees to issue refunds to Consumers either by using backup funding sources within the HauloverNudeBeach.com platform (e.g. additional security sources) or remitting funds due for refunds back to HauloverNudeBeach.com so that refunds can be processed by HauloverNudeBeach.com on the Organizer’s behalf. In the event that HauloverNudeBeach.com is unable to process a refund on behalf of Organizer for any reason (e.g., the Consumer’s payment card account cannot accept the refund), HauloverNudeBeach.com will not process the refund through the HauloverNudeBeach.com platform and the Organizer will bear sole responsibility for meeting its refund obligations under this Merchant Agreement and the Organizer’s refund policy. In such cases the Organizer may provide a refund through cash or check or in accordance with item ix, below. HauloverNudeBeach.com reserves the right to set a time period after which refund requests received for a cancelled event will not be processed through the HauloverNudeBeach.com platform. HauloverNudeBeach.com may, but is not obligated to, elect to allow the Organizer to refuse refunds for a cancelled event when the refund requests are received after that period, provided that the Organizer will remain responsible for all Chargeback Costs.
- Unless otherwise instructed by HauloverNudeBeach.com, Organizer agrees that no refunds will be made outside of the HauloverNudeBeach.com platform (e.g. offline). Not withstanding the foregoing, EPP refund transactions may only be employed for bona fide event refunds, and not for other activity such as money transfers, including without limitation cash advance transactions.
- If Organizer elects to remit funds back to HauloverNudeBeach.com so that HauloverNudeBeach.com can process refunds on Organizer’s behalf, to the extent it is able to do so, Organizer must remit funds to HauloverNudeBeach.com that are sufficient to cover refunds due to Consumers within 5 days of the cancellation of the event.
- Organizer agrees to notify Consumers of the event cancellation as soon as reasonably possible and prior to the event start time.
- Organizer will be the main point of contact for Consumers with refund requests, and Organizer will instruct the Consumers not to contact HauloverNudeBeach.com with refund requests.
- Organizer will provide clear instructions and contact information to Consumers so that Consumers can make refund requests, or, alternatively, Organizer will turn on the in-product refund request function within the HauloverNudeBeach.com platform and respond to any Consumer refund requests received.
- Organizer acknowledges that HauloverNudeBeach.com reserves the right to charge the Organizer for the cost of any charge backs related to the cancelled event, and such amounts are also subject to the provisions of Sections 4.3(f) and 4.4 of this Agreement.
- If the Organizer cancels only part of a multi-day event, then Organizer agrees to refund a pro-rata monetary value portion of the purchase price of a multi-day ticket based on the corresponding monetary value of the portion of the multi-day event that was cancelled. For example, if Organizer sells a 3-day ticket to a festival for $150, and cancels 1 day of the festival, the Organizer must provide a $50 refund to Consumers for the cancelled day.
- If the Organizer is offering Consumers a credit or other accommodation through which Organizer will “make good” on its obligations to Consumers in lieu of a purchase price refund and/or in the event of an inability to complete a purchase price refund, then (i) such credit or other accommodation must be of equal or greater value to the value of the ticket for the cancelled event, and (ii) such value and all terms applicable to such credit or other accommodation (including but not limited to the period in which such credit or other accommodation must be used, if such limitations are permitted by applicable law (as to which Organizer bears sole responsibility for compliance)) must be clearly communicated to the Consumers. The issuance of any credit or other accommodation is solely the Organizer’s responsibility and the Organizer is responsible for compliance with all applicable local, state, provincial, national and other laws, rules and regulations. Organizer agrees that it will be fully liable for the cost of chargebacks received related to purchases even if a credit, accommodation, or an “other make good” refund is given and/or even if it is provided because a purchase price refund could not be completed. Further, in the event that Organizer fails for any reason to honor a credit or other accommodation, including without limitation by failing to hold the event(s) for which such credit or other accommodation was used, HauloverNudeBeach.com shall be entitled to exercise all rights under this Merchant Agreement, including but not limited to the right (but not the obligation) to issue refunds to impacted Consumer(s) (to the extent it is able to do so) and to collect such sums directly from Organizer.
- This subsection applies to credits offered to Consumers who purchased through EPP transactions. Organizer agrees and understands that any funds associated with another “make good” issued in the form of a credit that is usable only for Organizer’s future events will, as between HauloverNudeBeach.com and the Organizer, be processed by HauloverNudeBeach.com in the same manner as a refund from Organizer’s account in accordance with the terms of this Merchant Agreement, including without limitation, appointment of HauloverNudeBeach.com as a limited payments agent pursuant to Section 4.2(c) of this Merchant Agreement. Such credit, upon use, will be processed on the Organizer’s behalf by HauloverNudeBeach.com as part of the final settlement of the event in accordance with the terms set forth herein for the EPP Service. A credit will be deemed “used” once the Consumer either attends the concluded event to which the credit was applied or fails to attend the concluded event to which the credit was applied. However, if Organizer has established a period in which such credit must be used and the credit is not used during the established period, such credit will be applied to Organizer’s account and settled with Organizer’s next scheduled payout, provided that Organizer offered a substitute event that was ticketed and completed during the established period.
(b) Refund Disputes.
All disputes regarding refunds are between Organizer and its Consumers. In the event of a dispute, HauloverNudeBeach.com may try to mediate, but ultimately it is Organizer’s obligation to settle the dispute. Notwithstanding the foregoing, with respect to EPP transactions, HauloverNudeBeach.com will have the right to make refunds on Organizer’s behalf as set forth in subsection (c) below.
(c) Mandatory Refunds.
Notwithstanding the foregoing, Organizer authorizes HauloverNudeBeach.com to make refunds in the following situations
- Organizer specifically authorizes the refunds at the time;
- The event description presented to an Consumer at time of purchase is significantly different from the actual event;
- Attendees are unable to attend the event due to failure of the Organizer to adequately plan for capacity, ingress or egress, or attendance will otherwise subject the Consumer to safety concerns;
- HauloverNudeBeach.com believes in its discretion that specific orders should be refunded under the Organizer’s posted refund policy or HauloverNudeBeach.com’s Organizer Refund Policy Requirements, including without limitation, that they are required by applicable local, state, provincial, national or other law, rule or regulation or the Payment Scheme Rules;
- HauloverNudeBeach.com believes in its discretion that the refund request, if not granted, will lead to a chargeback that HauloverNudeBeach.com is more likely than not to lose;
- Organizer failed to list a refund policy on the applicable event page and HauloverNudeBeach.com believes in its discretion that a refund would be reasonable under the circumstances;
- HauloverNudeBeach.com believes in its discretion that specific orders are fraudulent (e.g., made with stolen credit cards or otherwise not bona fide transactions); or
- HauloverNudeBeach.com believes in its discretion that the order is a duplicate.
Organizer also authorizes HauloverNudeBeach.com to make refunds of any and all orders (including those for unrelated events) if
- HauloverNudeBeach.com believes in its discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations;
- HauloverNudeBeach.com believes in its discretion that there is substantial risk of nonperformance by Organizer with respect to the applicable event or future events;
- HauloverNudeBeach.com believes in its discretion that it is likely to receive complaints, refund requests, transaction reversals and/or chargebacks with respect to a substantial amount of orders; or
- HauloverNudeBeach.com believes in its discretion that Organizer is a Prohibited Merchant, has used the Services to process Prohibited Transactions or to manage Prohibited Events or that failing to make the refunds would otherwise expose HauloverNudeBeach.com to legal liability.
Because all sales are ultimately made by Organizers, Organizer hereby agrees to promptly and fully reimburse HauloverNudeBeach.com and its affiliates upon demand for refunds that HauloverNudeBeach.com makes pursuant to this Merchant Agreement, other than to the extent that the necessity for such refunds is caused by HauloverNudeBeach.com’s negligence or willful misconduct. Organizer acknowledges and agrees that chargebacks will result in losses to HauloverNudeBeach.com in excess of the amount of the underlying transaction and that by refunding transactions in advance of a chargeback HauloverNudeBeach.com is mitigating such losses and its damages with respect to Organizer’s breach of this Merchant Agreement. If you do not remit funds to HauloverNudeBeach.com that are sufficient to cover mandatory refunds as described by this Section 4.3(c) for an event cancellation or nonperformance, then you acknowledge and agree that the amount of such funds shortfall will become due and owing from you to us under the Terms of Service, including this Merchant Agreement, until you have satisfied the amount in full and such amounts are also subject to the provisions of Sections 4.2(f) and 4.4 of this Agreement.
4.4 Non-Exclusive Remedies; Taxes.
(a) Non-Exclusive Remedies.
If Organizer fails to pay to HauloverNudeBeach.com or any of its Affiliates any amount owed pursuant to the Terms of Service (including without limitation this Merchant Agreement) or any other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates when due and following a late payment notice being delivered by HauloverNudeBeach.com, such amount will bear interest calculated from the date due until paid in full at a rate equal to the lesser of
- one percent (1%) per month, compounded monthly; and
- the maximum amount permitted by applicable local, state, provincial, national or other laws, rules or regulations.
In the event any amounts are owed by Organizer or any of its Affiliates to HauloverNudeBeach.com or any of its Affiliates under the Terms of Service (including without limitation this Merchant Agreement) or any or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates, HauloverNudeBeach.com or its Affiliates may, without limiting its other rights and remedies and to the extent permitted by applicable local, state, provincial, national or other laws, rules or regulations
- withhold any amounts due to Organizer or any of Organizer’s Affiliates, whether for a particular event or for any other event that Organizer or any of Organizer’s Affiliates lists through the Services or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates, and use the withheld amount to setoff the amount owed by Organizer or any of Organizer’s Affiliates to HauloverNudeBeach.com or any of its Affiliates; and/or
- send an invoice to Organizer or any of its Affiliates for such amounts to the extent Organizer’s or any of its Affiliate’s outstanding balance is insufficient to cover these costs, in which case Organizer or any of its Affiliates will pay HauloverNudeBeach.com or any of its Affiliates such invoiced amounts within thirty (30) days after the date of the invoice.
If payment for any amounts due to HauloverNudeBeach.com or any of its Affiliates hereunder is not made by Organizer or any of its Affiliates when due and after receiving a late payment notice from HauloverNudeBeach.com or any of its Affiliates, HauloverNudeBeach.com or any of its Affiliates reserves the right, in its discretion and without limiting its other rights and remedies, to suspend or terminate Organizer’s or any of Organizer’s Affiliate’s registration for any Services provided by HauloverNudeBeach.com or any of its Affiliates (including any and all accounts that Organizer or any of Organizer’s Affiliates may have). In addition, any such unpaid amounts due and owing to HauloverNudeBeach.com or any of its Affiliates are subject to collections in accordance with Section 4.4 (b).
(b) Collections; Costs of Recovery.
HauloverNudeBeach.com reserves the right to pursue any late and unpaid amounts due and owing to HauloverNudeBeach.com or any of its Affiliates for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse HauloverNudeBeach.com or any of its Affiliates upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by HauloverNudeBeach.com or any of its Affiliates in collecting past due amounts or any other amounts due and owing from Organizer or any of its Affiliates under this Merchant Agreement, the Terms of Service or any or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates. Organizer and any of its Affiliates agree that if HauloverNudeBeach.com or any of its Affiliates must seek collections for past due amounts and Organizer or any of its Affiliates does not respond or pay in full after receiving a collection notice, HauloverNudeBeach.com or any of its Affiliates reserves the right to pursue outstanding balances through judicial proceedings, and such actions are expressly excluded from any arbitration provisions set forth in the Terms of Service.
Use or any or other applicable agreement for Services provided by HauloverNudeBeach.com or any of its Affiliates.
- You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and to sales you make using the Services. You agree that it is your sole responsibility to, and that you will, collect and remit the correct amounts of all such Taxes to the applicable governmental authorities (“Tax Authorities”). HauloverNudeBeach.com does not represent, warrant or guarantee that any tax tools or tax calculators (“Tax Tools”) provided to you will meet all tax requirements that may be applicable to you or that such Tax Tools will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Consumers, credits and deductions for which you may qualify and other factors, and you hereby release HauloverNudeBeach.com from any and all liability with respect to your use of the Tax Tools. None of such Tax Tools should be considered legal or tax advice. If you do collect Taxes and use HauloverNudeBeach.com Payment Processing, HauloverNudeBeach.com will pay such amounts to you at the same time as the underlying Event Registration Fees. You are responsible for remitting all such Taxes to the appropriate Tax Authorities. If you use any Tax Tools that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. HauloverNudeBeach.com cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a Tax Authority requires HauloverNudeBeach.com to pay any Taxes attributable to your use of the Services or to sales you make using the Services, you agree to promptly and fully reimburse HauloverNudeBeach.com for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
- Notwithstanding the preceding paragraph, HauloverNudeBeach.com may, in certain jurisdictions, be required to collect and remit Taxes for your sales of tickets and/or registrations facilitated using the Services. In order to determine whether any Taxes must be collected on your behalf, HauloverNudeBeach.com may request certain information when you create an Event using the platform. Such information may relate to your tax exempt status, the nature of your Event and/or other similar information. If such information is requested, you represent and warrant that the information you provide is true and correct. HauloverNudeBeach.com cannot give you legal or tax advice, so please be sure to check with your own legal and/or tax advisor about any information you provide through the platform. In the event that a Tax Authority requires HauloverNudeBeach.com to pay any Taxes attributable to your Event as a result of the information you provided HauloverNudeBeach.com being incorrect, you agree to promptly and fully reimburse HauloverNudeBeach.com for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.
- Notwithstanding paragraph (i) in this section, HauloverNudeBeach.com may, in certain jurisdictions, be required to collect and remit Taxes on HauloverNudeBeach.com Service Fees and HauloverNudeBeach.com Payment Processing Fees (“HauloverNudeBeach.com Fees”) to the Tax Authorities. In such jurisdictions, HauloverNudeBeach.com will collect from you Taxes on HauloverNudeBeach.com Fees, and you agree to pay such Taxes. HauloverNudeBeach.com may, at its sole election, invoice you for Taxes on HauloverNudeBeach.com Fees or withhold (from amounts it would otherwise pay to you) the amount of Taxes on HauloverNudeBeach.com Fees. With the exception of Taxes on HauloverNudeBeach.com Fees that HauloverNudeBeach.com collects from you pursuant to this paragraph and Taxes collected and remitted pursuant to paragraph (ii) in this section, you remain responsible for collecting and remitting the correct amount of any Taxes that apply to your use of the Services and to sales you make using the Services. A list of the jurisdictions in which HauloverNudeBeach.com collects Taxes on HauloverNudeBeach.com Fees is available here.
- To comply with sales tax regulations of the European Union (the “EU”), HauloverNudeBeach.com is required to (A) collect Value Added Tax (“VAT”) from Organizers on the HauloverNudeBeach.com Service Fee for paid tickets or registrations sold on or through the Site by Organizers residing in the EU who have not provided HauloverNudeBeach.com with their VAT Identification Number (“VAT ID”); and (B) remit any such VAT collected to the relevant tax authority. If you provide us with your VAT ID, we will not collect VAT on the HauloverNudeBeach.com Service Fee. It is your sole responsibility to ensure that the VAT ID you provide to HauloverNudeBeach.com (if any) is accurate, complete and properly formatted. Please be aware that falsification or misrepresentation of information to evade payment of VAT may result in fines and/or criminal prosecution. You agree to promptly and fully reimburse HauloverNudeBeach.com for all out-of-pocket costs and expenses arising out of your falsification or misrepresentation of a VAT ID on the Site. HauloverNudeBeach.com does not require Organizers to have a VAT ID. However, if you are an Organizer residing in the EU, and you do not have a VAT ID or you do not provide us with your VAT ID, HauloverNudeBeach.com will collect and remit VAT on the HauloverNudeBeach.com Service Fee on your behalf. In the interest of clarity, HauloverNudeBeach.com does not collect and remit VAT on the HauloverNudeBeach.com Payment Processing Fee or on the price of the tickets or registrations you sell on or through the Site. To learn more about HauloverNudeBeach.com’s process for collecting and remitting VAT, see our article here.
- Except as set forth in Sections 4.4(c)(ii) and 4.4(c)(iii), in addition, due to IRS regulations, if HauloverNudeBeach.com processes transactions and issues you payouts (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, HauloverNudeBeach.com is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number (“Your Tax Information”). As part of these IRS regulations, HauloverNudeBeach.com is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from HauloverNudeBeach.com until either (A) or (B) above are satisfied. To learn more about these IRS regulations and why we are required to do this, see our 1099-K FAQ here.
- HauloverNudeBeach.com reserves the right to withhold the payment of any amounts owed to you hereunder and dispose of them as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by HauloverNudeBeach.com, or to seek later payment from you of any amounts on taxes uncollected and unremitted, related to your events.
4.5 Commercial Entities.
From time to time, one or more Card Schemes may require that you enter into an additional agreement directly with one of our Payment Processing Partners or with the applicable Card Scheme. Typically this happens if your transactions exceed one hundred thousand dollars ($100,000) with respect to a particular Card Scheme on an annual basis in a given geography. If we believe that your account is likely to be subject to this additional requirement, we will provide you with a “Commercial Entity Agreement” that you must agree to in order to continue using EPP. If you fail to accept that “Commercial Entity Agreement,” we may suspend or terminate your account.
If your account has had no activity for a period of time set forth in applicable unclaimed property (e.g., escheatment) laws and we hold funds related to your account, then we will notify you as required by applicable laws. If you do not claim your unclaimed funds within the timeframe notified to you, then we will escheat them to the applicable governmental authority in accordance with applicable laws.
- Prohibited Merchants; Prohibited Events; Prohibited Transactions.
5.1 Prohibited Merchants.
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
- you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services of the same type as the Services (“Restricted Countries”);
- you are not a person or entity or under the control of or affiliated with a person or entity that
- appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List;
- appears on the U.S. Department of State’s Terrorist Exclusion List;
- appears on the Bureau of Industry and Security’s Denied Persons List;
- appears on the Consolidated List of Targets published by the U.K. HM Treasury;
- appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade or
- is subject to sanctions in any other country; and
- you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Form of Payment is not presently revoked or suspended.
If you fall into any of the categories set forth above, as determined by HauloverNudeBeach.com in its discretion, you are a “Prohibited Merchant.”
5.2 Prohibited Events.
You may not post events to the Services or engage in activities through the Services that:
- violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;
- would be prohibited under the Payment Scheme Rules;
- take place in Restricted Countries; and
- contain any Content (as defined in the Terms of Service) that would violate the Terms of Service, or the HauloverNudeBeach.com Community Guidelines.
Any event that falls into any of the categories set forth above, as determined by HauloverNudeBeach.com in its discretion, is a “Prohibited Event.”
5.3 Prohibited Transactions.
You may not use EPP to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:
- any transaction that would violate or is considered “high risk” (or another restricted category) by the Payment Scheme Rules, including any transaction regarding adult-related content or activities, illegal goods or services including cannabis, or the paraphernalia associated with any illegal goods or service, purchase of crypto-currency, raffles, sweepstakes, or gambling;
- any transaction that is fraudulent or criminal in nature;
- any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and
- any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.
Any transaction that falls into any of the categories set forth above, as determined by HauloverNudeBeach.com in its discretion, is a “Prohibited Transaction.”
In the event that HauloverNudeBeach.com discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process or processed a Prohibited Transaction, then HauloverNudeBeach.com may take any or all of the following actions in its discretion in addition to any and all remedies that HauloverNudeBeach.com may have under the law or elsewhere in the Terms of Service:
- suspend or terminate your HauloverNudeBeach.com account;
- alter, edit, or remove any Prohibited Event or any portion thereof;
- block, reverse or refund any or all of your transactions;
- hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and
- refer you, your events and/or your transactions and information relating to the same (without further notice to you) to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.
- Representations And Warranties.
In addition to the representations and warranties contained herein, you represent and warrant to us that
- if you represent an entity, that entity is duly organized, validly existing and in good standing under the laws of the state, province or country of its formation;
- you, or the entity you represent (if applicable), have all requisite power and authority to enter into this Agreement and to carry out the transactions contemplated hereby;
- the entering into and performing of this Agreement by you, or if you represent an entity by the entity you represent, will not result in any breach of, or constitute default under, any applicable local, state, provincial, national or other law, rule, regulation, judgment or order, or other agreement to which you or it is a party, including without limitation, any other agreement for the sale of tickets or registrations; and
- if you represent an entity, you have the full right, legal power and actual authority to bind such entity to the terms and conditions hereof.
Further, you represent, warrant and acknowledge that you (not we) are solely responsible for ensuring that your events are ticketed correctly, and that only valid tickets are honored. You understand and agree that HauloverNudeBeach.com is not liable for any costs arising from whether a presented ticket is or is not valid, or is or is not honored, including any tickets procured through, or representing, fraud or deceptive practices.
In addition to our right to terminate your use of the Services under the Terms of Service, HauloverNudeBeach.com may terminate this Merchant Agreement and your right to use the Services to create, promote and collect sales proceeds for events
- if you are in violation or breach of any provision of this Merchant Agreement;
- if our Payment Processing Partners and/or the Card Schemes or Alternative Form of Payment Frameworks terminate our right to provide the EPP Service or your right to accept payments via the EPP Service in their sole discretion;
- if HauloverNudeBeach.com is served with legal process seeking to attach or garnish any of your funds or property in HauloverNudeBeach.com’s possession; or
- HauloverNudeBeach.com is put on notice pursuant to UCC 9-406 of a “Notice of UCC Demand” or similar communication, or a UCC-1 financing statement, informing HauloverNudeBeach.com that you have granted a right to assignment of payments to the your lender as a secured party.