Effective as of October 17, 2022
1.1 Agreement to Terms These Terms and Conditions govern your use of the Hosted Here Platform and provide information about the Platform. When you create an account or browse the Hosted Here Site, you agree to the Terms outlined below. When these Terms use the term "Hosted Here" "we," "us," or "our," that refers to Hosted Here LLC.
1.2 Users When these Terms use the term "Host" we mean event creators using the Hosted Here Platform "Platform" to create events displayed on the Platform for Attendees using our Platform (a) to browse information about or attend Events ("Attendees"), or (b) for any other reason. Hosts, Attendees and third parties using our Platform are all referred to in these Terms collectively as "Users," "you" or "your."
1.3. Privacy Policy is also applicable to you. And, by agreeing to these Terms and Conditions, you acknowledge you have read the Privacy Policy applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Use, or customized services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Use, these Terms of Use will apply to those services as well.
1.4 Changes to Terms Hosted Here reserves the right to modify these Terms from time to time ("Modifications"). If we believe the Modifications are material, we will inform you about them by either posting the changes through the platform or sending you an email about the Modifications.
2.1 What We Do Hosted Here provides a streamlined way for Hosts to create, manage, and share their events. The platform also allows visitors or browsers to discover, register and manage such events.
2.2 Our Role Hosted Here is not the creator, organizer or owner of the events listed on the Platform unless the event is created by the Hosted Here team. The Platform allows Hosts to manage ticketing and registration and promote their events online. The Host is solely responsible for ensuring that any page displaying an event on the Platform meets 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.
2.3 Stripe Partner Hosted Here partners with Stripe to handle all payments and transactions in order to safely and efficiently pay Hosts. Therefore, all Hosts will be required to connect to a Stripe account in order to host paid events and receive payments. Attendees will be redirected to Stripe during the registration process where they can enter the payment details as prompted by Stripe. By agreeing to these Terms, and using the Hosted Here platform, you also agree to the Stripe Terms and Privacy Policy
3.1 Your personal information is important to us. Information provided to Hosted by Users or collected by Hosted Here, is governed by our Privacy Policy
3.2 If you are an Host, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) attendees, and (b) you will at all times comply with any applicable policies posted on the Platform with respect to information you collect from (or receive about) attendees.
4.1 Account Requirements We may require you to create an account to access certain features or functions of the Platform. You agree to follow certain rules when you create an account with Hosted Here or use the Platform, including the following:
You must be at least 18 years of age, or the legal age of majority where you reside, to use the Platform. If you are 13 or older, you may only use the Platform under the supervision of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
You agree to provide true, accurate, current and complete information about yourself, or if you are using the Platform on behalf of an entity, the entity.
If you are using the Platform on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Hosted Here 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 Hosted Here 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 Hosted Here has consented to such collection in writing.
5.1 Grant of Limited License We grant you a limited, non-exclusive, non-transferable, revocable right to use our Platform solely to
browse the Platform and search for, view, register for or purchase tickets or registrations to an event listed on the Platform; and/or
create event postings, host profile pages to promote, market, manage, and track an event.
Your use of the Platform must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any Stripe tools, you are bound by the Stripe Terms & Conditions, as well as the Privacy Policy
5.2 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
reverse engineer, decompile or disassemble the Platform (except to the extent specifically permitted by applicable law).
copy, modify, reproduce, localize, or otherwise create derivatives of any part of the Platform.
rent, lease, resell, distribute, use the Platform for other commercial purposes not contemplated or otherwise exploit the Platform in any unauthorized manner.
5.3 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. Hosted Here may own the Site Content or portions of the Site Content may be made available to Hosted Here through arrangements with third parties. Site Content included in or made available through the Platform is the exclusive property of Hosted HEre 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.
5.4 Use of Subdomains Hosted Here may provide you with the right to use a subdomain within the Site for a given event. All such subdomains are the sole property of Hosted Here and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Hosted Here 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 Platform and you are in compliance with the Terms, including without limitation, these Terms and Conditions. If Hosted Here terminates your right to use a subdomain for any other reason, it will provide you with a new sub-domain.
6.1 Hosted Here Fees Creating an account, posting an event and accessing the Platform are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Hosted Here and certain Hosts. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by Hosted Here to the applicable Host or the standard fees described on the Platform to Hosts. In addition, certain fees are meant, on average, to defray certain costs incurred by Hosted Here, but may in some cases include an element of profit and in some cases include an element of loss.
6.2 Stripe Payment Processing Partner Hosted Here partners with Stripe to handle all transactions and refunds, and therefore does not handle or process any credit card or banking information. We also do not control 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.
6.3 Refund Guidelines We understand that refund policies vary depending on the type of event and the Host. Therefore, we provide Hosts with the option to choose from a predetermined list of refund policies during the Event Creation process. Hosts are responsible for choosing a policy that complies with all applicable local, state, provincial, national and other laws, rules.
Chosen refund policies are visible to the Attendee during the registration process, and by making a purchase, Attendees agree to the refund policy issued by the respective Host. Hosted Here partners with Stripe to issue refunds.
(a) If you are an Attendee, you acknowledge that you will receive a refund for your ticket if you withdraw attendee within the guidelines of the refund policy set by the Host, or if said event was canceled by the Host. In the event you receive a refund, you will discard any registration confirmation/ticket that we or any Host 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. Hosted Here 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.
6.4 Refund Process In order to initiate a refund request, Attendees will select the "Withdraw Attendance" option in their Dashboard. After withdrawing attendance, they will be able to request a refund based on the refund policy selected by the Host during Event Creation. To ensure refunds are processed in a timely and efficient manner, Hosted Here partners with Stripe to process refunds on behalf of the Host. Host agrees to give Hosted Here permission to process refunds based on the Refund Policy selected by Host. Hosts also have the option to manually process refunds if they choose to do so. If a refund is processed, the Host will incur an additional 4% Stripe processing fee. This fee will be deducted from total event profits.
In the circumstance that an event has to be canceled for any reason by the Host, Attendees will receive a full refund.
6.5 Tax Rates Set by Host Hosts are responsible for knowing what Tax Rates apply to their events so that they can collect the necessary taxes. Hosts can add and edit Tax Rates under their Host Profile on the "Stripe" tab. Hosts are responsible for setting tax rates that comply with all applicable local, state, provincial, national and other laws, rules.
7.1 License With respect to both User Content and Collected Information, you grant Hosted Here a worldwide, non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, publicly perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Content and Collected Information in all media. We will not pay you or otherwise compensate you for User Content or Collected Information.
7.2 Rules About Your Content You agree that you are the exclusive owner of all rights in the User Content and such rights have not been assigned or encumbered. You agree not to post, submit or link to any content or material that infringes, misappropriates or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Content or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Hosted Here
7.3 You Represent Your Content You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all User Content
does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party.
complies with all applicable local, state, provincial, national and other laws, rules and regulations; and
does not violate these Terms.
8.1 Hosted Here automatically sends electronic communications on your behalf to event Attendees ("Email Features.") Attendees have the ability to opt-out of certain email communications and notifications via their account. By making these features available to Hosts, you represent and agree that you have the right to send emails only to your recipient list and other addresses gathered in connection with your events. You also acknowledge that your use of the Email Features will comply with these Terms.
8.2 Email Use Violations If you violate any of these Email Features rules or if your use of Email Features results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Platform, Hosted Here may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Features.
You may not frame any part of our Platform. You may not use, or attempt to use, the Platform through any means not explicitly and intentionally made available, provided or intended with respect to the Platform. You may not harvest information about users of the Platform or Hosts for any purpose. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform or that harms Hosted Here, its employees, partners, or other affiliates, third-parties
10. Host Responsibility for Licenses & Permits
If you are a Host, without limiting the generality of any representations or warranties provided elsewhere in these Terms and Conditions, 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 Platform. 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 Platform will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that Hosted Here 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 Platform the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Platform.
11.1 Termination of Use These Terms apply to you as soon as you access the Platform by any means and continue in effect until they are terminated. There may come a time where either you or Hosted Here decides it's best to end your use. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Hosted Here.
11.2 Terms; Termination Hosted Here may terminate your right to use the Platform at any time
if you violate or breach these Terms;
if you misuse or abuse the Platform, or use the Platform in a way not intended or permitted by Hosted Here; or
allowing you to access and use the Platform would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Hosted Here to legal liability.
Hosted Here may choose to stop offering the Platform, or any particular portion of the Platform, or modify or replace any aspect of the Platform, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Platform, where, in Hosted Here's sole discretion, failure to do so would materially prejudice you. You agree that Hosted Here will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Platform.
11.3 Delete Account Except to the extent you have agreed otherwise in a separate written agreement between you and Hosted Here, you may terminate your access to the Platform and the general applicability of Terms by deleting your account. If you wish to delete your account, you are responsible for reaching out to our team at support@hostedhere.co with a request to delete your account and data. If you are an Attendee using the Platform without a registered account, your only option for these Terms to no longer apply is to stop accessing the Platform indefinitely. So long as you continue to access the Platform, even without an account, these Terms remain in effect. If there is a separate agreement between you and Hosted Here governing your use of the Platform and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Platform after such termination or expiration.
11.4 Termination of Terms All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
These Terms are governed by the laws of the State of Texas, 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. Hosted Here is based in Austin, Texas, and any legal action against Hosted Here related to our Platform and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Austin. Thus, for any actions not subject to arbitration, you and Hosted Here agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Austin, Texas.
The Platform may provide, or Users may provide, links to other Internet websites or resources. Because Hosted Here has no control over such websites and resources, you acknowledge and agree that Hosted Here 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 Hosted Here partners or third party service providers.
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.
15.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Hosted Here and any person or entity associated with Hosted Here's provision of the Platform (e.g., an affiliate, vendor, strategic partner or employee) ("Parties"), will not be liable to you or any third party, for:
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 Hosted Here has been advised of the possibility of such damages)
15.2 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.
By signing these Terms you agree to cover Hosted Here if you use the Platform in a way that causes Hosted Here 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.
16.1 Release You hereby agree to release Hosted Here 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 Platform or any event listed on the Platform. 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."
16.2 Indemnification You agree to indemnify, defend and hold harmless Hosted Here parties from and against any claims, disputes, losses, obligations, demands, liabilities, expenses, damages, costs, and attorney's fees due to or arising out of (1) your access to or use of the Platform, (2) your use of, or transactions wit Hosted Here, Hosts or other third parties, or (3) your violation of any of these terms. Hosted Here reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with partyslate in asserting any available defenses.
17.1 No Guarantee We attempt to build the Platform in an efficient and trustworthy manner, however, by using the Platform, you acknowledge that Hosted Here does not have control or guarantee the accuracy, safety, or legality of any event or the accuracy of information provided by Users and Attendees. You also acknowledge that Hosted Here makes no warranties that the Platform will meet your requirements, expectations, be error free, secure, or reliable.
17.2 Inherent Risks 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.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PLATFORM SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.
We always welcome feedback, questions, or suggestions to improve the Platform. Please contact our team at support@hostedhere.co and we will work to resolve any issues as soon as possible. Thank you for being a part of Hosted Here!