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:
Whew. It is a complex process, but one we are proud of, and that we think strikes all the appropriate balances.
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.
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:
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:
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.
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.
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.
(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,
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
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,
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
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
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
HauloverNudeBeach.com’s right to hold a reserve will continue following the applicable event(s) and until either
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:
The Organizer Refund Policy Requirements are incorporated by reference into this Merchant Agreement. Refunds for EPP transactions must be processed through HauloverNudeBeach.com, unless
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:
(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 also authorizes HauloverNudeBeach.com to make refunds of any and all orders (including those for unrelated events) if
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
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
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.
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.
5.1 Prohibited Merchants.
By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:
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:
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 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:
In addition to the representations and warranties contained herein, you represent and warrant to us that
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
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