Terms and Conditions
Last Updated: June 6, 2018
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.
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Hiphoster, LLC. (“hiphoster,” “we,” “us” or “our”) governing your use of the Hiphoster application, mobile application, website, and technology platform (collectively, the “Services”).
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE HIPHOSTER SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Hiphoster. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Hiphoster may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Hiphoster may amend the Terms related to the Services from time to time. Amendments will be effective upon Hiphoster’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Hiphoster Platform
The Hiphoster Platform provides a marketplace where persons who seek to meet friends in certain destinations, cities, or towns (“I’LL JOIN”) can be matched with persons to or through those destinations (“I’M HERE”). I’LL JOIN and I’M HERE are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Hiphoster Services. For purposes of this Agreement, the services provided by I’LL JOIN and I’M HERE that are matched through the Platform shall be referred to collectively as the “User-Services”. Any decision by a User to offer or accept User-Services is a decision made in such User’s sole discretion. Each User-Service provided by an I’LL JOIN and I’M HERE shall constitute a separate agreement between such persons.
By using the Site, Application or Services, 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, Platform and Services.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application, Platform or Services. Failure to use the Site, Application, Platform or Services in accordance with these Terms may subject you to civil and criminal penalties.
Unless otherwise agreed by Hiphoster in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT HIPHOSTER DOES NOT PROVIDE TOURISM OR LOGISTICS SERVICES OR FUNCTION AS A TOURISM CARRIER OR AS AN EMPLOYMENT COMPANY.
Subject to your compliance with these Terms, Hiphoster grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform and Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hiphoster and Hiphoster’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Hiphoster; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Application and all rights therein are and shall remain Hiphoster’s property or the property of Hiphoster’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Hiphoster’s company names, logos, product and service names, trademarks or services marks or those of Hiphoster’s licensors.
Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 21 years of age to create an Account. Account registration requires you to submit to Hiphoster certain personal information, such as your name, mobile phone number, email, date of birth, and city as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain true, real, accurate, complete, and up-to-date information in your Account. Your failure to maintain true, real, accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Hiphoster’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Hiphoster in writing, you may only possess one Account. You may also submit to Hiphoster identity information such as National ID, Passport, or Driver’s License in order for us to verify your identity. You agree to submit real information, data, and pictures. Your failure to provide true, real, accurate, complete, and up-to-date information in your Account may result in your ability to access and use the Services of Hiphoster’s termination of this Agreement with you.
You agree and acknowledge that Hiphoster is a Platform intended for connecting people. You agree that it is solely your decision to meet other Users and their friends, and your sole decision whom you meet. You therefore agree that your use of Hiphoster Platform is your responsibility and agree and acknowledge that Hiphoster is not responsible or otherwise liable for any and all of your activities while before, after or during your use of Hiphoster Platform and Application.
You agree to not conduct activities with Users that are defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Hiphoster in its sole discretion, whether or not such material may be protected by law. Hiphoster may, but shall not be obligated to, review, monitor, or remove your account from the Platform, at Hiphoster’s sole discretion and at any time and for any reason, without notice to you.
User Requirements and Conduct
The Service is not available for use by persons under the age of 21. You may not authorize other persons or third parties to use your Account, and you may not allow persons under the age of 21 to meet other Users, receive tourism or logistics services from other Users or their friends or Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no unlawful or hazardous materials, no harrasment). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or physical and property damage, whether to the Users of Hiphoster Application, their friends, Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Hiphoster at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Hiphoster may, in Hiphoster’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Hiphoster establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Hiphoster; (iii) may be disabled by Hiphoster at any time for any reason without liability to Hiphoster; (iv) may only be used pursuant to the specific terms that Hiphoster establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Hiphoster reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Hiphoster determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Hiphoster may, in Hiphoster’s sole discretion, permit you to submit, upload, publish or otherwise make available to Hiphoster through the Services textual, audio, and/or visual content and information, including photos, descriptions, languages spoken, interests, commentary and feedback related to Users and the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Hiphoster, you grant Hiphoster a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Hiphoster’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Hiphoster the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Hiphoster’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Hiphoster in its sole discretion, whether or not such material may be protected by law. Hiphoster may, but shall not be obligated to, review, monitor, or remove User Content, at Hiphoster’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Hiphoster does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HIPHOSTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HIPHOSTER MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, SAFETY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HIPHOSTER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF USERS AND THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY ACTIVITY, SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability
HIPHOSTER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY MEETINGS AND ACTIVITIES OR USE OF THE SERVICES, EVEN IF HIPHOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIPHOSTER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES, YOUR ACTIVITY OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY USER AND THEIR FRIENDS OR THIRD PARTY PROVIDER, EVEN IF HIPHOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HIPHOSTER SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HIPHOSTER’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT USERS, THEIR FRIENDS AND THIRD PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER GUIDESHARING OR PEER-TO-PEER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL HIPHOSTER’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL SUM PAID OR RECEIVED BY YOU FOR THAT PARTICULAR ACTIVITY.
HIPHOSTER’S SERVICES MAY BE USED BY YOU TO REQUEST, ACCEPT AND SCHEDULE ACTIVITIES, MEETINGS, BOOKINGS, GOODS, OR LOGISTICS SERVICES WITH OTHER USERS AND THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HIPHOSTER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTIVITIES, MEETINGS, TOURISM, BOOKINGS, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY USERS AND THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Hiphoster. You agree to indemnify and hold Hiphoster and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services, your activities and meetings with other Users and their Friends; (ii) your breach or violation of any of these Terms; (iii) Hiphoster’s use of your User Content; or (iv) your violation of the rights of any User, Friend, third party, including Third Party Providers. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.
Hiphoster partners with other companies (such as Braintree Payments, a subsidiary of PayPal) for payment processing. When you use our services, you’re also agreeing to the payment processor’s terms of service.
Hiphoster partners with other companies (such as Apple, Google, Twilio, Amazon) for different services (such as chat, map, phone number verification etc.) When you use our services, you’re also agreeing to their terms of service.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Hiphoster, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Hiphoster are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Hiphoster otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Governing Law & Other Provisions
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
You may not assign these Terms without Hiphoster’s prior written approval. Hiphoster may assign at any time these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Hiphoster’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Hiphoster or any User and Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Hiphoster’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hiphoster in writing.
Modification to the Agreement
In the event Hiphoster modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Hiphoster reserves the right to modify any information referenced in the hyperlinks (if any) from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Hiphoster Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).