Allowable Content and Acceptable Use
At HauloverNudeBeach.com our focus is creating a positive and helpful experience for our users. We want HauloverNudeBeach.com to be convenient, safe, and fun for you and your communities. This means there are a few rules. You may NOT:
Violate any law or regulation.
Send unsolicited or unauthorized advertising or commercial communications, such as spam.
Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services.
Use automated methods to use the Site or Services.
Stalk, harass, bully, intimidate, or harm another user.
Post unlawful, harmful, obscene, or pornographic content.
Post content that is hateful, threatening, harmful, incites violence; or contains graphic or gratuitous violence.
Use HauloverNudeBeach.com to do anything unlawful, misleading, malicious, or discriminatory.
Post content you do not have the right to transmit.
Post content that infringes on trademarks or copyrights.
Post viruses or malicious scripts.
Post spam or link bait.
Attempt to circumvent any technological measure implemented by HauloverNudeBeach.com or any of HauloverNudeBeach.com’s providers or any other third party (including another user) to protect the Site or Services.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services.
Advocate, encourage, or assist any third party in doing any of the foregoing.
At its discretion, HauloverNudeBeach.com may permanently cancel accounts of users who violate the Terms of Service. HauloverNudeBeach.com reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. HauloverNudeBeach.com reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the HauloverNudeBeach.com Open Group Directory to assess compliance with this Terms of Service. HauloverNudeBeach.com reserves the right to remove objectionable content without notice. HauloverNudeBeach.com can remove any content or information you post at HauloverNudeBeach.com if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.
HauloverNudeBeach.com reserves the right to ban Pages, Groups and users that do not comply with its Terms of Service as assessed in HauloverNudeBeach.com’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of HauloverNudeBeach.com, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact HauloverNudeBeach.com Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in HauloverNudeBeach.com’s Terms of Service.
While we have the right to monitor activity and content associated with HauloverNudeBeach.com, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using HauloverNudeBeach.com, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at HauloverNudeBeach.com or endorse any opinions expressed at HauloverNudeBeach.com. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
There are no fees for use of many of the features on HauloverNudeBeach.com. However, premium features and subscriptions are available for purchase by HauloverNudeBeach.com members for additional services the company may offer.
HauloverNudeBeach.com may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability.
When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by HauloverNudeBeach.com. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of HauloverNudeBeach.com’s terms in the use of your HauloverNudeBeach.com account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
HauloverNudeBeach.com uses the services of established 3rd party vendors for all payments and payment information. HauloverNudeBeach.com stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, HauloverNudeBeach.com reserves the right to close and delete any user account that has not been logged in for a period of 6 months or more. HauloverNudeBeach.com will notify any such users whose accounts it intends to delete, by email or SMS, if they have been inactive for greater than 5 months and provide those users with a minimum of 30 days notice and options on how to keep their content and account at HauloverNudeBeach.com or how to download their content onto their personal computers. HauloverNudeBeach.com will give one final notice at least 48 hours prior to deleting an account.
HauloverNudeBeach.com reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into HauloverNudeBeach.com for at least 6 months or do not post to the Page or Group for at least 6 months. Once the transfer of a Page or Group ownership and administration is affected by HauloverNudeBeach.com, it may be transferred subsequently at any time by HauloverNudeBeach.com.
Who Our Services Are For
Your personal privacy and data privacy are especially important to us. You are responsible for maintaining the confidentiality of your HauloverNudeBeach.com account information, including your username and password. You are responsible for all activities that occur under your HauloverNudeBeach.com account and you agree to notify HauloverNudeBeach.com immediately of any unauthorized access or use of your HauloverNudeBeach.com account. HauloverNudeBeach.com is not responsible or liable for any damage or loss related to any unauthorized access or use of your HauloverNudeBeach.com account. For more information on the importance and protection of your privacy at HauloverNudeBeach.com.
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of HauloverNudeBeach.com (“User Submissions”) are owned by the party contributing such content. As a user of HauloverNudeBeach.com, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using HauloverNudeBeach.com you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
HauloverNudeBeach.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through HauloverNudeBeach.com is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact while using HauloverNudeBeach.com.
You are responsible for safeguarding the password that you use to access HauloverNudeBeach.com and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. HauloverNudeBeach.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Misuse of Usernames, Page names, Group names
Selling usernames, Page names, Group names: You may not buy or sell HauloverNudeBeach.com usernames, Page names or Group names.
Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include:
the number of accounts created;
the creation of accounts for the purpose of preventing others from using those account names;
the creation of accounts for the purpose of selling those accounts; and
the use of third-party content feeds to update and maintain accounts under the names of those third parties.
You may not register or create fake and misleading accounts. While you may use HauloverNudeBeach.com pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on HauloverNudeBeach.com. Some of the factors that we may take into account when determining whether an account is fake include:
Use of stock or stolen avatar photos
Use of stolen or copied profile bios
Use of intentionally misleading profile information
More on Spam
You may not use HauloverNudeBeach.com’s services for the purpose of spamming anyone. Spam is generally defined on HauloverNudeBeach.com as bulk or aggressive activity that attempts to manipulate or disrupt HauloverNudeBeach.com or the experience of users on HauloverNudeBeach.com to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we consider when determining what conduct is considered to be spamming include:
if you have made large number of group or user contact requests, or followed and/or unfollowed a large number of user accounts or Pages, in a short time period;
if your posts or comments consist mainly of links and/or are shared without commentary;
if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;
if a large number of spam complaints have been filed against you;
if you post duplicative or substantially similar content, replies, comments to multiple Pages, Groups, or users; or create duplicate or substantially similar accounts;
if you post multiple updates to a Page, Group, user or topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives;
if you send large numbers of unsolicited posts, comments, replies or mentions;
if you add users to lists in a bulk or aggressive manner;
if you are randomly or aggressively engaging with Pages, Groups, or users to drive traffic or attention to unrelated accounts, products, services, or initiatives;
if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);
if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.); Accounts created to replace or mimic suspended accounts may be permanently suspended.
We may also remove accounts which HauloverNudeBeach.com at its discretion attributes to entities known to violate the HauloverNudeBeach.com Terms of Service.
Our Commitment To Data Security
HauloverNudeBeach.com uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to HauloverNudeBeach.com and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the HauloverNudeBeach.com Service is never recommended. Once we receive your transmission of information, HauloverNudeBeach.com makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If HauloverNudeBeach.com learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. HauloverNudeBeach.com may post a notice on the HauloverNudeBeach.com Site or through the HauloverNudeBeach.com Service if a security breach occurs.
HauloverNudeBeach.com Content Data
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. HauloverNudeBeach.com uses your Content Data for the sole purpose of serving and providing you with the full experience of HauloverNudeBeach.com. You control how we process your Content Data through Privacy & Sharing settings in your account at HauloverNudeBeach.com. At any time you can edit/update, retrieve or delete your Content Data in your account.
HauloverNudeBeach.com Log Data
When you use our Services, we may receive information (“Log Data”) such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, and device information (including device and application IDs). We receive Log Data when you interact with our Services, for example, when you visit our websites, sign into our Services, interact with our email notifications, use your account to authenticate to a third-party website or application. We may also receive Log Data when you click on, view or interact with links on our Services, including links to third-party applications, such as when you choose to install another application through HauloverNudeBeach.com. HauloverNudeBeach.com uses Log Data to provide, understand, and improve our Services. We either delete Log Data or remove any common account identifiers, such as your username, full IP address, or email address, after a maximum of 12 months.
Your Data Portability
At any time you can retrieve your entire Content Data package from HauloverNudeBeach.com, using the “Download Your Content” feature in your account. When you select this feature, you will be able to download your Content Data to your personal device and decide how to migrate that data anywhere you choose.
Deleting Your Account – Right to Erasure
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You can find this in your “Settings” where it says “Delete My Account.” When you delete any of your Content Data, or delete your entire account, we delete your Content Data and remove your account from our production servers as soon as is technically possible based on our infrastructure design including a 30-day delay to insure the deletion request was made by you, etc. The more data you delete, the longer will the deletion process take due to load balancing protections on our servers. After we’ve deleted your Content Data from our production servers, that same data may remain in our backups for a limited period of time (maximum of 7 months) due to protection regulations and our protocols for backup content protection. We secure your data that temporarily remains on our backups with additional security protocols. If we ever need to restore our backups into the main servers of HauloverNudeBeach.com (in a rare instance, for example recovering from a natural disaster), if any of your Content Data you have previously deleted from our main servers is still on our backups in that moment, it will be deleted prior to or right after the backups are moved to the main servers. If you own a group and delete your account, the content you posted to that group will be deleted; however, the group(s) you own will not be deleted unless you are the only member of that group.
Additional Policies for Pages, Groups, and Events
Misleading Or False Pages, Groups, or Events Pages, Groups, and Events must not be misleading, fraudulent, or deceptive.
Impersonation Pages, Groups, and Events must not impersonate or falsely represent a brand, entity, or public figure. Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
Gambling Pages, Groups, and Events must not facilitate or promote online gambling, online real money, games of skill, or online lotteries without our prior written permission.
Inaccurately Tagged Content Pages, Groups, and Events must not inaccurately tag content or encourage users to inaccurately tag content.
Incentivization Pages, Groups, and Events must not incentivize people to misuse HauloverNudeBeach.com features or functionality.
Notification of Requests for Account Information
HauloverNudeBeach.com’s policy is to notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited from doing so (e.g., an order under 18 U.S.C. § 2705(b)). Exceptions to prior notice may include exigent or counterproductive circumstances (e.g., emergencies; account compromises, etc.). We may also provide post-notice to affected users when prior notice is prohibited.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, HauloverNudeBeach.com is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by HauloverNudeBeach.com.
Service of Legal Process
Preservation requests, subpoenas, or search warrants from U.S. law enforcement or civil investigative agencies seeking data regarding HauloverNudeBeach.com’s customers may be personally served at or mailed to the address below. HauloverNudeBeach.com will only respond to requests from non-U.S. law enforcement agencies that are issued by a U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. Civil subpoenas require personal service and will not be accepted via fax.
Valid Legal Process is Required Before Disclosure
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of HauloverNudeBeach.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the HauloverNudeBeach.com name or any of the HauloverNudeBeach.com trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding HauloverNudeBeach.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless HauloverNudeBeach.com, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of HauloverNudeBeach.com; ii) unauthorized access to or alteration of your communications with or through HauloverNudeBeach.com, or iii) any other matter relating to HauloverNudeBeach.com. Any business transactions which may arise between users from their use of HauloverNudeBeach.com are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership In and To The Site and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“HauloverNudeBeach.com Content”); and (b) HauloverNudeBeach.com’s trademarks, logos, and brand elements (“Marks”). The Site and Services, HauloverNudeBeach.com Content, and Marks are all protected under U.S. and international laws. HauloverNudeBeach.com, My Cloud, Check It Out, Practice Safe Sharing, the HauloverNudeBeach.com logo, and other HauloverNudeBeach.com logos and names are trademarks of HauloverNudeBeach.com. You agree not to display or use these trademarks in any manner without our prior written permission.
HauloverNudeBeach.com is provided to people by Friends of Haulover Beach, LLC, a company based in Sunny Isles Beach, Florida.
Under no circumstances will HauloverNudeBeach.com be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of HauloverNudeBeach.com to enforce any right or provision of these Terms will not prevent HauloverNudeBeach.com from enforcing such right or provision in the future.
HauloverNudeBeach.com reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in Miami-Dade County, Florida. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Welcome to HauloverNudeBeach.com! We know as event creators and consumers you want your events to run safely and smoothly. We want the same thing for our platform. We are excited you are here. Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using HauloverNudeBeach.com’s Services, you agree to comply with and be bound by these Terms, as applicable to you.
Accepting These Terms1.1 HauloverNudeBeach.com’s products, features and offerings are available (a) online through HauloverNudeBeach.com platform (“Site”); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as “HauloverNudeBeach.com Properties” or our “Services”. These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted; those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by HauloverNudeBeach.com in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is “Your Content.”1.2 Who’s Who. When these Terms use the term “Organizer,” we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.” When these Terms use the term “HauloverNudeBeach.com,” “we,” “us,” or “our,” that refers to HauloverNudeBeach.com, Friends of Haulover Beach, LLC and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
1.3 What Else. If you are an Organizer offering events with paid tickets, HauloverNudeBeach.com’s Merchant Agreement and Organizer Refund Policy Requirements are also applicable to you. If you are an Organizer or Consumer, HauloverNudeBeach.com’s Community Guidelines are applicable to you. 1.4 What the “Terms of Service” Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise HauloverNudeBeach.com’s “Terms.” These Terms are a legally binding agreement between you and HauloverNudeBeach.com governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity as well as yourself.
HauloverNudeBeach.com’s Services and Role
2.1 What We Do. HauloverNudeBeach.com’s Services provide a simple and quick means for Organizers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the HauloverNudeBeach.com Properties.
2.2 How We Fit In. HauloverNudeBeach.com is not the creator, organizer or owner of the events listed on the Services. Rather, HauloverNudeBeach.com provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither HauloverNudeBeach.com nor any of its payment processing partners processes the transaction but we transmit the Consumer’s payment details to the Organizer’s designated payment provider. If an Organizer uses HauloverNudeBeach.com Payment Processing (as defined in the Merchant Agreement), HauloverNudeBeach.com also acts as the Organizer’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.
Release and Indemnification This is where you agree to cover HauloverNudeBeach.com if you use the Service in a way that causes HauloverNudeBeach.com to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.5.1 Release. You hereby agree to release HauloverNudeBeach.com from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”5.2 Indemnification. You agree to defend, indemnify and hold HauloverNudeBeach.com and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) HauloverNudeBeach.com’s collection and remission of taxes; and (e) if you are an Organizer, your events (including where HauloverNudeBeach.com has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of HauloverNudeBeach.com’s gross negligence or willful misconduct. HauloverNudeBeach.com will provide notice to you of any such Claim, provided that the failure or delay by HauloverNudeBeach.com in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, HauloverNudeBeach.com may choose to handle the Claim ourselves, in which case you agree to cooperate with HauloverNudeBeach.com in any way we request.
Disclaimer of Warranties and Assumption of Risks by YouWe strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. HauloverNudeBeach.com expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, HauloverNudeBeach.com makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that HauloverNudeBeach.com has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. HauloverNudeBeach.com has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that HauloverNudeBeach.com requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services. You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law. 7. Limitation of Liability 7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, HauloverNudeBeach.com and any person or entity associated with HauloverNudeBeach.com’s provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (“Associated Parties”), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if HauloverNudeBeach.com has been advised of the possibility of such damages); or (b) Your Content. In addition, other than the obligation of HauloverNudeBeach.com to pay out Event Registration Fees in certain circumstances to certain organizers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of HauloverNudeBeach.com or Associated Parties is limited to the following:
(i) for Organizers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of HauloverNudeBeach.com Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and (ii) for Organizers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred U.S. dollars (US $100).
8.2 Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
(h) Location of Arbitration Proceedings. If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in Miami-Dade County, Florida or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless HauloverNudeBeach.com and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(i) Costs of Arbitration; Legal Fees. i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against HauloverNudeBeach.com and the value of the relief sought is ten thousand dollars ($10,000) or less, then HauloverNudeBeach.com will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if the circumstances in the preceding sentence apply and your claim arises from your use of the Services as a Consumer, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be more expensive than a court proceeding, then HauloverNudeBeach.com will pay the amount of any such costs and expenses. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse HauloverNudeBeach.com for all such cost and expenses that HauloverNudeBeach.com paid and that you would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) HauloverNudeBeach.com will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
(j) Future Changes. Notwithstanding any provision in these Terms to the contrary, you and HauloverNudeBeach.com agree that if HauloverNudeBeach.com makes any future change to this arbitration provision (other than a change to the Notice Address) HauloverNudeBeach.com will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(k) Special Severability. In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 23 will apply in lieu of this Section 8.
(l) Opt Out. You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to email@example.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, HauloverNudeBeach.com also will not be bound by them.
License to the HauloverNudeBeach.com Services
9.2 Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. HauloverNudeBeach.com may own the Site Content or portions of the Site Content may be made available to HauloverNudeBeach.com through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of HauloverNudeBeach.com and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
9.4 Trademarks. The trademarks, service marks and logos of HauloverNudeBeach.com (the “HauloverNudeBeach.com Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of HauloverNudeBeach.com. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with HauloverNudeBeach.com Trademarks, the “Trademarks”). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of HauloverNudeBeach.com specific for each such use. The Trademarks may not be used to disparage HauloverNudeBeach.com, any third party or HauloverNudeBeach.com’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless HauloverNudeBeach.com approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any HauloverNudeBeach.com Trademark will inure to HauloverNudeBeach.com’s benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by HauloverNudeBeach.com and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
9.5 Use of Sub-domains. HauloverNudeBeach.com may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].HauloverNudeBeach.com.com) for a given event. All such sub-domains are the sole property of HauloverNudeBeach.com and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event HauloverNudeBeach.com provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If HauloverNudeBeach.com terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
Licenses and Permits Organizers Must ObtainIf you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits; (b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances; (c) You will only request that HauloverNudeBeach.com offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services (d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to HauloverNudeBeach.com permitting you to access and use the Services, you hereby agree to release HauloverNudeBeach.com, Friends of Haulover Beach, LLC and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. (e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold HauloverNudeBeach.com, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of HauloverNudeBeach.com from time to time. 11. Your Rights to Submit a Copyright Takedown Notice If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Sites infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by contacting firstname.lastname@example.org.
Scraping or Commercial Use of Site Content is ProhibitedThe Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).13. Fees and Refunds. 13.1 Fees That We Charge. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you buy paid tickets or registrations. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by HauloverNudeBeach.com to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by HauloverNudeBeach.com, but may in some cases include an element of profit and in some cases include an element of loss. HauloverNudeBeach.com does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates. 13.2 Ticket Transfers. If you wish to transfer tickets to an event you have purchased on HauloverNudeBeach.com, in some instances HauloverNudeBeach.com may be able to accommodate this for you. In all other instances, please contact the Organizer of the event to arrange for ticket transfer.
13.3 Refunds. Because all transactions are between an Organizer and its respective attendees, HauloverNudeBeach.com asks that all Consumers contact the applicable Organizer of their event with any refund requests.
(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. HauloverNudeBeach.com will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. HauloverNudeBeach.com will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. HauloverNudeBeach.com will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. HauloverNudeBeach.com will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.
Your Account with HauloverNudeBeach.com We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with HauloverNudeBeach.com or use the Services, including the following:
You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services
You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data if it changes.
If there is a dispute between two or more persons or entities as to account ownership, HauloverNudeBeach.com will be the sole arbiter of that dispute and HauloverNudeBeach.com’s decision (which may include termination or suspension of the account) will be final and binding on those parties.
If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant HauloverNudeBeach.com all permissions and licenses provided in these Terms.
We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
You agree to immediately notify HauloverNudeBeach.com of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
You agree to not use our services to collect any sensitive personal information, such as health information (including “protected health information” as defined in 45 C.F.R. §160.103), social security numbers, financial information, payment card numbers, driver’s license numbers, and passport numbers, unless otherwise permitted by these Terms or HauloverNudeBeach.com has consented to such collection in writing.
Our Community Guidelines You agree to abide by the HauloverNudeBeach.com Community Guidelineswhenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the HauloverNudeBeach.com Services.
Notices Notices to you may be sent via email or regular mail to the address in HauloverNudeBeach.com’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Friends of Haulover Beach, LLC (HauloverNudeBeach.com) or deliver any notice, you can do so at Friends of Haulover Beach, LLC, Attn: Legal Department 16850 Collins Avenue, Suite 112-200, Sunny Isles Beach, Florida, USA or via email to email@example.com. Modifications to the Terms or Services HauloverNudeBeach.com reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the “Updated” date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, HauloverNudeBeach.com may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of HauloverNudeBeach.com. HauloverNudeBeach.com is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. HauloverNudeBeach.com reserves the right modify, replace or discontinue any part of the Services or the entire Service.
Assignment. We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.21. Entire Agreement Except as otherwise set forth herein, these Terms constitute the entire agreement between you and HauloverNudeBeach.com and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and HauloverNudeBeach.com on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of HauloverNudeBeach.com relating to a specified event or events.
Applicable Law and Jurisdiction These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. But if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. HauloverNudeBeach.com is based in Miami-Dade County, Florida, and any legal action against HauloverNudeBeach.com related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Miami-Dade County. Thus, for any actions not subject to arbitration, you and HauloverNudeBeach.com agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Miami-Dade County, Florida.23. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Third Party Websites; Linked Accounts; Third Party Offers The Services may provide, or Users may provide, links to other Internet websites or resources. Because HauloverNudeBeach.com has no control over such websites and resources, you acknowledge and agree that HauloverNudeBeach.com is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with HauloverNudeBeach.com partners or third party service providers. For example, if you purchase ticket insurance on HauloverNudeBeach.com from a third party, your contractual relationship is with the third party ticket insurance provider, not HauloverNudeBeach.com.25. Additional Miscellaneous Provisions Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.
Additional Clauses for Users in Certain Locations HauloverNudeBeach.com is a global company offering Organizers and Consumers the opportunity to benefit from our Services worldwide. To allow each User full advantage of our Services and applicable law, certain additional provisions included in this Section may be applicable to you.
Events Merchant Agreement
This Merchant Agreement and the rights and obligations contained in this Merchant Agreement are in addition to and are incorporated into the HauloverNudeBeach.com Terms of Service by reference. Nothing in this Merchant Agreement will be deemed to modify, waive, amend or rescind any other term of the Terms of Service. Please read this Merchant Agreement carefully: it contains important information about payment and refund terms and requirements, event prohibitions, rights you provide to us, and other rights, representations and liabilities. Further, any terms herein are governed by the dispute resolution terms (and subject to all other terms of the Terms of Service, including the arbitration provisions set forth in Section 9 of the Terms of Service. We recommend that you read those Terms, as they may affect your rights.
Who We Are.
Welcome to HauloverNudeBeach.com! We are a ticketing and registration platform dedicated to bringing the world together through live experiences. Through our platform, mobile apps and services, we enable people all over the world to create, discover, share and register for events.
1.2 The Services.
HauloverNudeBeach.com’s products, features and offerings are available
online through the HauloverNudeBeach.com platform (“Site”);
off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and
through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”).
(a), (b), and (c) are collectively referred to as “HauloverNudeBeach.com Properties” or our “Services”. HauloverNudeBeach.com is a Florida corporation with its principal place of business at 16850 Collins Avenue, Sunny isles Beach, Florida 33160 (“HauloverNudeBeach.com,” “us,” “we” or “our”). When this Merchant Agreement mentions “HauloverNudeBeach.com,” “we,” “us,” or “our,” it refers to Friends of Haulover Beach, LLC and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. An “Affiliate” of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to this Merchant Agreement or thereafter. For purposes of this Agreement, “control” means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
1.3 Organizers and Consumers.
When this Merchant Agreement uses the term “Organizer” we mean event creators using the Services to create, list or promote events for consumers using our Services
to consume information about, or purchase tickets for events from Organizers (“Consumers”), or
for any other reason.
Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.
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.
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.
ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that HauloverNudeBeach.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the HauloverNudeBeach.com site and Content available through the Service may contain links to other websites, which are completely independent of HauloverNudeBeach.com. HauloverNudeBeach.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HauloverNudeBeach.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that HauloverNudeBeach.com does not pre-screen or approve Content, but that HauloverNudeBeach.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The HauloverNudeBeach.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of HauloverNudeBeach.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that HauloverNudeBeach.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that HauloverNudeBeach.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release HauloverNudeBeach.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HauloverNudeBeach.com’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at
Friends of Haulover Beach, LLC
16850 Collins Avenue, Suite 112-200
Sunny Isles Beach, FL 33160
Please provide our Agent with the following Notice:
a) Identify the material on the HauloverNudeBeach.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
HauloverNudeBeach.com will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a HauloverNudeBeach.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the HauloverNudeBeach.com sites which are not designated for such purposes; or emailed to HauloverNudeBeach.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in “services”;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered can also be found on this site.o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by HauloverNudeBeach.com;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one metropolitan area;
x) attempt to gain unauthorized access to HauloverNudeBeach.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the HauloverNudeBeach.com website; or
y) use any form of automated device or computer program that enables the submission of postings on HauloverNudeBeach.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by HauloverNudeBeach.com; or
z) use any form of automated device or computer program (“flagging tool”) that enables the use of HauloverNudeBeach.com’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on HauloverNudeBeach.com’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from HauloverNudeBeach.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from HauloverNudeBeach.com.
NO SPAM POLICY
Any unauthorized use of HauloverNudeBeach.com computer systems for sending unsolicited email advertisements to HauloverNudeBeach.com email addresses or through HauloverNudeBeach.com computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the Terms.
LIMITATIONS ON SERVICE
You acknowledge that HauloverNudeBeach.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that HauloverNudeBeach.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that HauloverNudeBeach.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that HauloverNudeBeach.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
ACCESS TO THE SERVICE
HauloverNudeBeach.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by HauloverNudeBeach.com. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
HauloverNudeBeach.com offers various parts of the Service in RSS format so that users can embed individual feeds into a website , or view postings through third party software news aggregators. HauloverNudeBeach.com permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘HauloverNudeBeach.com’ as the source, (c) your use or display does not suggest that HauloverNudeBeach.com promotes or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden HauloverNudeBeach.com’s systems. HauloverNudeBeach.com reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by HauloverNudeBeach.com immediately terminates said permission or license.
TERMINATION OF SERVICE
You agree that HauloverNudeBeach.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if HauloverNudeBeach.com believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that HauloverNudeBeach.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-19 shall survive termination of the Terms.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of HauloverNudeBeach.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of HauloverNudeBeach.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although HauloverNudeBeach.com does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to HauloverNudeBeach.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant HauloverNudeBeach.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE HAULOVERNUDEBEACH.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HAULOVERNUDEBEACH.COM SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HAULOVERNUDEBEACH.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HAULOVERNUDEBEACH.COM SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAULOVERNUDEBEACH.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HAULOVERNUDEBEACH.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HAULOVERNUDEBEACH.COM SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAULOVERNUDEBEACH.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HAULOVERNUDEBEACH.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAULOVERNUDEBEACH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE OR ANY LINKS ON THE HAULOVERNUDEBEACH.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HAULOVERNUDEBEACH.COM SITE OR THE SERVICE OR ANY LINKS ON THE HAULOVERNUDEBEACH.COM SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold HauloverNudeBeach.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and HauloverNudeBeach.com and govern your use of the Service, superceding any prior agreements between you and HauloverNudeBeach.com. The Terms and the relationship between you and HauloverNudeBeach.com shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and HauloverNudeBeach.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of HauloverNudeBeach.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms by flagging the posting(s) for review, or by contacting us.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You agree to pay HauloverNudeBeach.com’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, HauloverNudeBeach.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
Classifieds Prohibited Items
Many laws, regulations and policies, in a variety of jurisdictions, regulate the goods and services that may be bought and sold. For your convenience, we have prepared a list of some of the types of prohibited and restricted items, the advertisement for sale of which is not permitted on HauloverNudeBeach.com.
HauloverNudeBeach.com users remain responsible for complying with all applicable laws, regulations or restrictions on items, services, or manner of sale, payment or exchange, that may apply to transactions in which they participate. We encourage you to research the applicable laws and regulations that may apply to your transaction.
Partial list of items for sale and services the advertisement of which is not permitted on HauloverNudeBeach.com:
Obscene material or child pornography.
Offer or solicitation of illegal prostitution and/or sex trafficking.
Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
Fireworks, including but not limited to “safe and sane” fireworks or any destructive devices or explosives.
Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
Alcohol or tobacco products.
Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
Blood, bodily fluids or body parts.
Pet animal parts, blood, or fluids.
Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
Pesticides or hazardous substances, or items containing hazardous substances including but not limited to contaminated toys, or art or craft material containing toxic substances without a warning label.
Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers
Stolen property, or property with serial number removed or altered.
Burglary tools, including but not limited to lock-picks or motor vehicle master keys
False identification cards, items with police insignia, citizenship documents, or birth certificates.
Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
Counterfeit, replica, or knock-off brand name goods.
Material that infringes copyright, including but not limited to software or other digital goods you are not authorized to sell, warez, bootlegs (without consent of the band).
Airline tickets that restrict transfer, and tickets of any kind that you are not authorized to sell.
Coupons or gift cards that restrict transfer, and coupons or gift cards which you are not authorized to sell.
Gambling items, including but not limited to lottery tickets, sports trading card ‘grab bags’, raffle tickets, sweepstakes entries or slot machines.
Used or rebuilt batteries, or batteries containing mercury.
Used bedding and clothing, unless sanitized in accordance with law.
Cribs with drop-down sides.
Non-packaged food items or adulterated food.
Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.