Around8 Terms and Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, HOSTS (AS DEFINED BELOW) SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT HOST'S ABILITY TO HOST EVENTS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, HOSTS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE HOSTING AN EVENT. FAILURE TO OBSERVE THESE LAWS, MAY RESULT IN PENALTIES WHICH INCLUDE FINES OR OTHER ENFORCEMENT. HOSTS SHOULD REVIEW LOCAL LAWS BEFORE LISTING AN EVENT ON AROUND8.
AROUND8 - means Around8, Inc., a Delaware corporation.
APPLICATION - means an application for mobile devices through which Around8 makes the Services (as defined in Section 1) available.
HOST - means a Member that creates an Event via the Site.
MEMBER - means a person who completes Around8's account registration process, including but not limited to Hosts and Guests.
SITE - means www.around8.com or any other website or app through which Around8 makes the Services available.
YOU - means a Member, whether a Host or Guest, executing these Terms (as such term is defined below).
You agrees and acknowledges that Around8 provides an online platform that connects Hosts who host an Event with Guests seeking to attend such Event (collectively, the "Services"), which Services are accessible through the Site and the Application. You understand and agree that Around8 is not a party to any agreements entered into between Hosts and Guests, nor is Around8 a broker, agent or insurer. By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and constitute a binding legal agreement between you and Around8. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
AROUND8 HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY EVENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Around8 may or may not charge its members for the use of its services. Payment handling charges taken by our payment handling partners are to be covered by the event host.
Our Site is available only to all individuals who are at least 21 years of age. By registering to use our Site, you represent and warrant that you are at least 21 years of age. We have the right, in our sole discretion, to suspend or terminate your use of our Site and refuse any and all current or future use of all or any portion of our Site.
Through our Site we provide tools that enable Hosts to arrange events and physical meetings ('Event' or 'Events') at venues that include, but are not limited to, public parks, private homes or private enterprises. We do not supervise these Events and are not involved in any way with the actions of any individuals at these Events. As a result, we have no control over the identity or actions of the individuals who are present at these Events, and we request that our Members exercise caution and good judgment when attending these Events. Members are solely responsible for complying with any and all laws, rules and regulations applicable to the hosting and/or attendance of an Event, including but not limited to any and all laws, rules, regulations or other requirements relating to taxes, credit cards, data and privacy, taxes, permits or license requirements, zoning ordinances and safety compliance, as applicable.
YOU AGREE AND UNDERSTAND THAT AROUND8 DOES NOT SUPERVISE OR CONTROL THE EVENTS OR INTERACTIONS AMONG OR BETWEEN MEMBERS AND OTHER PERSONS OR COMPANIES AND THEREFORE YOU AGREE TO USE THE SITE, APPLICATION OR SERVICES AT YOUR SOLE RISK.
YOU AGREE AND ACKNOWLEDGE THAT AROUND8 IS NOT INVOLVED IN ANY WAY WITH PHYSICAL TRANSPORTATION TO OR FROM EVENTS OR WITH THE ACTIONS OF ANY INDIVIDUALS AT EVENTS. YOU AGREE AND ACKNOWLEDGE THAT AROUND8 CANNOT GUARANTEE THE TRUE IDENTITY, AGE, NATIONALITY OF SITE USERS, AND THAT IT HAS NO CONTROL, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE SITE.
AROUND8 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.
YOU FURTHER AGREE THAT AROUND8 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED THROUGH AROUND8.
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT AROUND8 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO SUPERVISE ANY EVENTS.
YOU AGREE AND ACKNOWLEDGE THAT SOME CITIES HAVE LAWS THAT RESTRICT HOST'S ABILITY TO HOST EVENTS. YOU AGREE TO COMPLY WITH ANY AND ALL REGULATIONS REGARDING THE HOSTING AND ATTENDANCE OF EVENTS AS THEY ARE APPLICABLE IN THE CITY OR VENUE WHERE THE EVENT IS HOSTED, INCLUDING BUT NOT LIMITED TO CITY ZONING, ADMINISTRATIVE CODES, LAWS RELATING TO THE SALE AND CONSUMPTION OF LIQUOR AND OTHER RULES AND REGULATIONS APPLICABLE TO THE VENUE WHERE THE EVENT WILL BE HOSTED.
OUR SITE, APPLICATION AND SERVICES ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUR SITE. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH OUR SITE. WE DISCLAIM ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON OUR SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY OUR SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED THROUGH OUR SITE. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
YOU AGREE TO RELEASE, DEFEND AND INDEMNIFY AROUND8 AND ANY ITS AFFILIATES, SUBSIDIARIES, THEIR PAST OR PRESENT OWNERS, PRINCIPALS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES, CONSULTANTS, STOCKHOLDERS, HEIRS, ASSIGNS, EXECUTORS, ADMINISTRATORS AND SUCCESSORS (THE 'AROUND8 PARTIES') FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL AND CONSEQUENTIAL), COST AND EXPENSES (INCLUDING ATTORNEYS FEES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, SERVICES OR APPLICATION, OUR RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR TRANSPORTATION TO OR FROM, ATTENDANCE AT, HOSTING, OR THE ACTIONS OF YOU OR OTHER MEMBERS OR PERSONS AT, AN EVENT OR AFTER ATTENDANCE OF AN EVENT.
YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH, TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS, ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA).
WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
IN NO EVENT WILL AROUND8 AND/OR THE AROUND8 PARTIES BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM (A) OUR SITE, (B) THESE TERMS, (C) USE OF THE SITE, APPLICATION OR SERVICES (D) INTERACTION BETWEEN OUR SITE AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A SERVICE ON OUR SITE AND/OR (E) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION BETWEEN MEMBERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE, APPLICATION OR SERVICES IS LIMITED TO THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Members are granted a limited, revocable, non-exclusive license to access the Site, Application and/or Services and the content and services provided on the Site and the Application solely for the purpose of hosting or attending an Event, creating and posting an event, connecting Hosts and Guests for participation in an event who host an Event with Guests seeking to attend such Event or for any other legal purpose clearly stated on the Site or the Application, all in accordance with these Terms. Any use of the Site or the Application that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, 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. "General purpose internet search engines" do not include a website or search engine or other service that provides classified listings or property rental advertisements, or any subset of the same or which is in the business of providing vacation property rental services or other services that compete with us.
Tax regulations may require us to collect appropriate tax information from our Hosts, or to withhold taxes from payouts to Hosts, or both. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Host and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Around 8 cannot and does not offer Tax-related advice to any Members. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the fees set and collected by Hosts, a set amount per day, or other variations.
The rights and obligations under these Terms, as well as the validity, interpretation and enforcement of the Terms and any dispute arising out of the relationship among the parties hereto, whether in contract, tort, equity, or otherwise, shall be governed by, and construed in accordance with, the internal laws of the State of California, applicable to Agreements. For the resolution of any disputes or controversies between Around8 and You, you agree to submit to the personal jurisdiction of the courts of California seating in San Diego.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account your status as a Member Host, or Guest or your ability to use all or any portion of our Site, Application or Services for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms or the documents or agreements it incorporates by reference, or (c) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Site, Application or Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Site, Application or Services. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Site, Application or Services.
Entire Agreement. This Terms constitute the complete integrated agreement between you and Around8 with respect to the matters set forth herein. All prior and contemporaneous agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter of these Terms are superseded and canceled in their entirety.
Assignment. We may assign these Terms in our sole discretion. Members must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, we hereby agree that that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these Terms will remain in full force and effect.
Notices. Any notice to us shall be given by certified postal mail to Around8, Inc., Attn: Legal Dept, address: 1601 India St, Suite 502, San Diego, CA, 92101, USA, or by email to firstname.lastname@example.org, and any notice to you shall be given to the email address that you provided us during the registration process.
Waiver and Severability. Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and does not waive our right to act with respect to subsequent or similar breaches.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Around8 is intended or created by these Terms.
Around8 uses the Sharetribe platform for some of it's web services. The general terms of Sharetribe below also apply to the use of Around8.
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
If you are not happy with the event attended because it doesn't match the description, you have 1 day after the event to dispute it and get your money back. This can be done on the payment page.
Personal details are collected to make communication and use of service possible.
Details can be used for communication between service providers and users and also for direct communication between users.
Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
The following information may be stored in the register:
- Personal details: Name, email address, phone number
- Account details: username
- The description text that the user may write about herself/himself
- The events the user has posted or attended to the service.
- The given and received feedback.
- Statistical data about service usage, e.g. number times the user has logged in.
Personal details are given by the user on registration to the service or when using it later.
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.