Terms Of Service
BY ACCESSING OR USING THIS APP, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DISCONTINUE YOUR USE OF THE APP IMMEDIATELY.
1. About Quickezapps LLC
Quickezapps LLC offers event management software solutions including mobile apps, websites, event participant management tools etc. (hereafter called, the “Products” or “HostEvent”). Our clients (“Clients”), offer some of these Products to their customers (“End Users”) for use with one or more events (“Event”). We also offer certain support and hosting services related to the iOS and Android Platforms as well as the Products, currently located at www.hostevent.net (“Site”) (collectively hereafter called, the “Services”).
2. Who is Subject to These Terms
These Terms apply to your use of the Services if you are accessing the Services as a Client or on behalf of a Client (together with the Client, “you” or “your”) as well as End Users.
3. Changes to These Terms
These Terms are subject to change at any time, without prior notice.
4. Data Privacy
5. Payment and Refund Terms
Generally, we offer various products as part of our Services. The following provisions shall apply to your use of the Services. If you use one of the special products listed below as (i) and (ii) certain additional terms listed in those Sections will apply to your use of the Services.
a) Fees for the Services. Client agrees to pay the fees for the Services as specified in this Agreement and on the Site (the “Fees”). Generally, the Fees will consist either of a one-time charge or an annual subscription. The Fees are subject to change from time to time without notice. Your continued use of the Services after the effective date of such change will constitute your agreement to pay the updated Fees.
b) Payments. Fees are payable either in advance (for eg. on an annual subscription) or upon the submission of an invoice to you, as agreed by you and Quickezapps LLC on such terms as mutually arrived at. For the Services invoiced, payment is due upon receipt of each invoice and as per terms mentioned in the invoice. All payments made through the Site must be made through the payment services provider gateway.
c) Late Fees. In the event that you fail to pay to Quickezapps LLC any Fees more than thirty (30) days after they become due, such Fees will bear interest calculated from the due date to until paid in full at a rate equal to one percent (1%) per month.
d) Refunds of Fees. There will be no refunds or credits of any Fees paid by you for any reason, including, without limitation, setup fees, partial months of service, upgrade/downgrade refunds, refunds for months unused or rejection of an App by a Provider (as defined below).
e) Taxes. All Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and will have to be paid as applicable.
i. Lead Revival Product. If you sign up for our Lead Revival product, we can offer a revenue sharing option in which we will bill and collect payment from exhibitors or sponsors at your Event and remit a percentage as mutually decided of such proceeds to you (the “Lead Revival Share”). The Lead Revival Share may change from time to time, and the site will reflect the updated one. We will pay you the Lead Revival Share within thirty (30) days of the end of your Event. Payments will only be made through PayPal® and after we have received applicable tax forms as may be requested by us.
ii. Event Registration. If you sign up for our Event Registration product, the following terms shall apply.
a) If you offer paid Event tickets, all proceeds (including, without limitation, ticket face value, HostEvent Fees, taxes, and royalties from the sale of Event tickets via the Services hereafter called “Event Registration Fees”) will be collected by our third-party payment processing partners, such as Paypal® or stripe or apple pay or other providers (the “Payment Processing Partners”). You hereby consent to such collection. Our Payment Processing Partners will transfer the proceeds to you, within such time period that is consistent with their practices, the Event Registration Fees for such event, less HostEvent Fees, the applicable fees charged by the Payment Processing Partner, refunds, disputed charges, chargebacks and any other applicable fees and deductions.
b) If you offer paid Event tickets, you will be able to choose between subscription package model that entitles you to a certain number of registration credits, or a-la-carte pricing model. In the first case HostEvent Fees will be based on a percentage of the Event Registration Fees. If you choose the a-la-carte pricing model, HostEvent Fees will be based upon the face value of each ticket as per agreed terms (not taking into account any fees charged by the Payment Processing Partner), and you hereby agree to have our Payment Processing Partners directly remit such Fees to us. If you choose the subscription package model, HostEvent Fees will be invoiced to you, in which case the invoice is payable upon receipt.
c) The collection of Event Registration Fees shall be subject to and governed by the terms of such Payment Processing Partners, and Quickezapps LLC assumes no responsibility and shall not be liable for any acts or omissions of Payment Processing Partners. You may be required by the Payment Processing Partners to enter into an agreement directly with such Payment Processing Partners.
d) Except for a ticket that has been refunded pursuant to clause (e) below, you agree to accept, honor and fulfill all tickets, whether free or paid, that have been confirmed by Quickezapps LLC through the Services. It is your sole responsibility to confirm the authenticity of any ticket and to confirm that any attendee has acquired a valid ticket.
e) When posting an Event, you must communicate a refund policy for the Event. If you choose to offer refunds to any Event attendees, you authorize our Payment Processing Partners to issue on your behalf a refund of the Event Registration Fee (less any fees charged by the Payment Processing Partner). All disputes with respect to Event ticket refunds are to be handled between Client and Event attendees.
f) You may not post, through the Services, any Events which: (A) violate or helps the violation of any applicable law, (B) would be prohibited under the rules and regulations of the Card Schemes and Alternative Form of Payment Frameworks, (C) take place in a country to which the United States has embargoed goods and/or services of the same type as the Services, and (D) contain any User Content that would violate these Terms or our Acceptable Use Policy below. If we determine, in our sole discretion, that a posted Event violates the previous sentence, we reserve the right to cancel the Event, to suspend or terminate your account and access to the Services and in dire circumstances to report you to applicable law enforcement agencies for further action.
g) You agree that it is your sole responsibility to determine, collect, report and remit any taxes (including, without limitation, sales, use and value-added tax) that must be collected in connection with your use of the Services.
For End Users
If you use the Services in connection with an Event Registration product, the following terms shall apply to your use of the Services.
a. You may be requested by our Client posting the Event to purchase a valid ticket prior to entry into the Event.
c. Each event has a refund policy on the Event page, and which policy is determined solely by the Client. You acknowledge and agree that all disputes with respect to Event ticket refunds are to be handled between you and the Client, and Quickezapps LLCs will not assume any role or responsibility with respect to any refunds of Event Registration Fees.
d. If we determine, at our sole discretion, that a posted Event violates these Terms or the terms of service applicable to Clients, we reserve the right to cancel the Event.
6. User Content
Given the nature of the Services and the information submitted, we cannot and do not monitor all messages, data, information, text, graphics, audio, video or other materials and content of any kind posted/uploaded/transmitted to or through the Services by our users. You expressly agree that we: (a) will not be liable for any User Content and (b) reserve the right to review, reject, delete, remove, modify, or edit any User Content at any time for any reason, without liability and without notice to you. We reserve the right, but not obligated to remove User Content from the Services for any reason, including any of Your Content that we believe violate these Terms or our Acceptable Use Policy below. We respect the rights of third-party creators and content owners and expect that you will do the same.
It is our policy to respond to all claims of intellectual property infringement. We will promptly investigate notices of alleged infringement and will take appropriate actions as required under the applicable law.
Please submit any notification of claimed copyright infringement on the Services to the following Designated Agent:
1. Quickezapps LLC
2. 222 English Place
3. Basking Ridge
5. Email: admin@hostEvent.net
To be effective, the notification must be a written communication with all necessary details like a signature of person authorized to act on behalf of the owner of the exclusive right, copyrighted work as well as contact details.
7. Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited on or through the Services:
(a) submitting User Content that is patently offensive to the online community, such as one that promotes racism, bigotry, physical harm etc.
(b) engaging in activities or submitting User Content that could be harmful to minors;
(c) engaging in activity that involves the transmission of “junk mail” or “spam” or otherwise collecting personally identifiable information about our users, without their prior consent;
(d) engaging in activity, or submitting User Content, or promoting information that is false, or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e) submitting User Content that displays sexually explicit material of any kind;
(f) submitting User Content that provides instructional information about illegal activities such as for eg. making illegal weapons,
(g) submitting User Content that contains viruses, Trojan horses, worms, or any other similar forms of malware,
(h) engaging in unauthorized commercial activities without our prior written consent such as advertising, solicitations, contests, barter, etc;
(i) using any robot, spider, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Services
(j) decompiling, reverse engineering, or disassembling the software underlying the Services or attempting to do so; or
(k) taking any action that imposes an unreasonable or disproportionately large load on the Services or our hardware and software infrastructure. In addition, you covenant and represent that you will not use the Services for any purpose other than those that are personal, nor will you use the Services in violation of the law or these Terms.
8. Your Content
Subject to the limited license below, you retain all of your rights in all of Your Content. Unless agreed otherwise in writing signed by us, by submitting Your Content, you hereby grant to us for the purpose of providing you the Services a royalty-free, perpetual, irrevocable, fully transferable, sub-licensable, nonexclusive right and license to:
(i) use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform and create derivative works from all of Your Content and likeness in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you; and
(ii) access your account and Your Content and to process and submit Your Content to the Client posting the Event.
By submitting and posting Your Content on the Services, you hereby represent and warrant to us that
(a) you have all necessary authority, rights and permissions to submit Your Content and grant the licenses described in the previous paragraph;
(b) Your Content is accurate, current and complete;
(c) Your Content does not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights; and
(d) submitting Your Content does not violate any applicable law, regulation or any agreements between you and a third party, or otherwise cause injury to any third party.
9. Mobile Apps
Publishing the Apps – You have two options with respect to publishing an App. First, you may choose to publish an App through Quickezapps LLC’s registered developer account with Apple Inc. (“Apple”) App Store™ (Provider). If you choose to have the App published through Quickezapps LLC’s developer account, Quickezapps LLC will be the sole publisher of the App and the App will appear as a Quickezapps LLC application with each Provider. Second, you may choose to self-publish an App with the Provider using your own developer account. You acknowledge that if you choose to self-publish an App, additional fees may apply. Quickezapps LLC will use commercially reasonable efforts to have your App(s) approved by the applicable Providers. However, we do not and cannot guarantee acceptance by the Provider, and therefore assume no responsibility for rejection of any App by a Provider. If your App is denied by a Provider, you will be notified. However, you will not be provided any refund of any Fees paid by you under any circumstances.
Accessing the Apps – Any mobile applications created and/or managed using the Platform is generally accessible via a mobile device that is compatible with our mobile service. We do not warrant that any App will be compatible with all mobile devices. We grant to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of each App for one account on one mobile device owned or leased solely by you, for your sole personal use. You may not:
(i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law;
(ii) rent, lease, loan, resell, sublicense, distribute, transfer or otherwise make available the App to any third party or use the App to provide time sharing or similar services for any third party;
(iii) make any copies of the App;
(iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or
(v) delete the copyright and other proprietary rights notices on the App. You acknowledge that we may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the App and any copy or portion of the App. You agree to comply with all United States and foreign laws related to use of the App and the Services. Standard carrier data charges may apply to your use of the App.
Apps from iTunes – The following also applies to any App you acquire from us from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and us, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the Apple App Store Terms. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software.
Apple Developer Account – In the event that you need to share access to your Apple developer account with Quickezapps LLC for any reason, and if there is more than one app in such developer account, then Quickezapps LLC agrees that it shall:
(i) not access any app other than an HostEvent-powered app in the developer account;
(ii) not modify or alter any non-HostEvent-powered app or the code with respect thereto;
(iii) only use the access to your developer account to submit, manage and update HostEvent-powered apps; and
(iv) agrees to maintain as your confidential information any information related to non-HostEvent-powered apps which it may inadvertently discover.
10 . Intellectual Property
Quickezapps LLC exclusively owns all rights, title and interest in and to the Services, including the Platform, the Products, the Site and all Site Content. You agree that the foregoing shall include all rights with respect to copyright, patent, trademark and all other intellectual property laws in any jurisdiction. “Site Content” means any and all materials, 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 (excluding User Content) or otherwise made available by us in connection with the Services. You agree to use the Services and 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.
License to the Services – Subject to your compliance with these Terms, we grant you a limited, non-exclusive right to use our Services solely for their intended purposes. You may not transfer or sublicense the foregoing license to any third parties.
11. Your Password
You are solely responsible for your password. You will not use the account, username, or password of another HostEvent user, and you agree to notify Quickezapps LLC immediately of any unauthorized use of your account, user name or password. We assume no responsibility for, and will not be liable for, any loss that you incur as a result of someone else using your password, either with or without your knowledge.
12. Representations and Warranties and Indemnification
In addition to any other representations made by you in these Terms, you further represent and warrant that:
· You are of legal age and are otherwise capable of forming a legally binding contract
· You must be human. Accounts registered by automated methods are not allowed.
· You hereby grant us permission to publicly display your profile, Your Content and such other information as may be supplied by you and designated for public display.
· Your use of the Services does not violate any applicable law, regulation or any agreements between you and a third party, or otherwise cause injury to any third party.
You agree to indemnify, defend and hold harmless Quickezapps LLC, and its officers, directors, employees, from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys’ fees, arising from or related to: (a) Your Content, (b) your use of the Services, (c) your breach of these Terms, or (d) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
13. Disclaimers and Limitations
We intend that the information contained in our Services are accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Services which may add, modify, and/or remove features from the Services. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update.
The services and the information, software, products and services associated with it are provided as is. We disclaim warranty of any kind whether implied or express relating to the services and products offered by us. This includes warranty of merchantability, fitness for a particular use or purpose. You use the services/products at your own risk and we are not liable for any direct or consequential damages or injuries arising out of use of it.
14. LIMITATION OF LIABILITY
We are not liable for lost profits or any incidental or consequential damages arising out of or in connection with this agreement for use of the services or products under this agreement to either the user or third parties. In any circumstance our liability shall not exceed either the total sum of event registration fees paid by you or fifty dollars whichever is lower. In no event are we liable for lost profits arising out of use of our products or services. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN US AND YOU.
15. ERRORS AND DELAYS
We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
16. TERMINATION AND CANCELLATION
We reserve the right at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. We shall have no liability to any User or any third party should we modify or discontinue any service or an aspect thereof.
17. Third Party Services
Our Services may be integrated with services provided by third parties as part of the functionality of the Services (including, the Payment Processing Partners). Similarly, as part of the Services, we may offer links to web sites or applications operated by various third parties. You understand that we do not have control over third parties and that such third parties are not agents of Quickezapps LLC. Our inclusion of a link to a third-party web site or application is for your convenience and reference only and does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties. You acknowledge and agree that we make no representation or warranty about, and do not endorse, any third party’s products or services or the information provided by third parties, whether through the Services or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services. You should contact the third party with any questions about their products and services. Quickezapps LLC hereby disclaims and you hereby discharge, waive and release Quickezapps LLC from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services..
18. Binding Arbitration
Arbitration – If any dispute, claim (“Claims”) arises under this Agreement or through your use of the Services, such dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then pertaining, except where such rules conflict with this section, in which case this section shall control. Any court with jurisdiction shall enforce this section and enter judgment on any award. The arbitrator shall be selected within twenty (20) business days from commencement of the arbitration from the AAA’s National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within forty-five (45) days of initiation of arbitration, the parties to the arbitration shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than twelve (12) months from selection of arbitrators or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to by the parties to the arbitration. The arbitration shall be held at Basking Ridge , NJ and the arbitrators shall apply the substantive law of the State of New Jersey, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
Opt Out – You may opt out of the arbitration and/or class action waiver provisions set forth herein by sending written notice of your decision to firstname.lastname@example.org within thirty (30) days of your first use of the Services.
19 . Class Action/Jury Trial Waiver
Irrespective of whether the services and or products are used for personal, commercial or other purposes, all claims must be brought in the party’s individual capacity and not as plaintiff in any purported class action. This waiver applies to class arbitration also and the arbitrator cannot consolidate more than one person(s) claim. It is understood and agreed that by entering into this agreement you are waiving the right to a trial by jury or participation in a class action of any kind.